p 455 
.S67 

Copy i 



kentdck/ reporter extra. 



ACKXLIiES S3VESD 

TO THE PEOPLE OF KENTUCKY. 



" ll'hcn vice prevails, and impious nten bear nva>j, 
"T/ieposC ofhonur is a private station." 

Teotlr of Kentuckt : 

IT is not my wish to tax the 
patience or politeness of any one, by re- 
hearsing "the story of my wrongs," nor to 
burthen them with ray complaints for inju- 
ries received; but that among the wars 
for ofSce, and for power, in which 1 had 
no agency in creating, nor desire to be- 
come a party, unless in self-defence, I ara 
made the greatest victim, no one will de- 
ny. Indeed I am sacriiiced at the shrine 
of avarice, cupidity, and lawless power, to 
make way for the favorites and partisans of 
unrestrained deception and ambition. You 
have seen, and I have heretofore detailed 
to you, the manner in which I have been 
treated and abused by a party, which by 
way of description I shall denominate "the 
Barry party." Not because Wm. T. Bar- 
ry is the only leader of the same, but be- 
cause I mean to call your attention more 
particularly to this man's conduct, togeth- 
er with two others of his brethren of the 
bench. In doing which I am aware, that I 
shall be considered as treading on ground, 
which will not only draw down on me the 
most inveterate hatred and malice, but ev- 
ery additional injury which is, or may be 
in the power of those men td inflict. I am 
also aware, that much of my property may 
possibly, from liis course of things, be 
thrown into litigation; and if my rights are 
to be decided by the Barry court, no one 
will envy me the prospect of justice which 
I may calculate on. From men who climb 
into power by detraction and deception, 
and acknowledge themselves the tools of 
whatever dominant party may prevail in 
the legislature, (as these judges have done 
by their acceptance of their offices, under 
the circumstances attending them) but lit- 
tle may be expected from the dictates of 
juEtice or their own sense of propriety. 

Even were they convinced, that justice 
inclined on my side of the question, and 
they could lay aside all feelings on their 
part as men, in deciding in my favor; y,et, 
if in so doing, they should meet the froirna 
of a leading demagogue in the legislatl"^ 
department, they must kick the beam 
against me, for fear of losing their own 
seats. But I have no hopes of justice from 
♦^em: nor,sball\ I court it. I know others 



may court their smiles and they may be 
very graciously bestowed. This is not my 
way of doing business with courts. I viefv 
men in office as judges, bound to do what 
they shall consider tight, after applying the 
law and evidence to the case; that they 
are bound by their oaths as well as their 
honorsotodo; and those who would uoi: 
do so as.judges,. the frowns of the legisla- 
tive and executive departments to the con- 
trary notwithstanding, are unworthy the 
trust reposed in them by the people under 
their constitution. I therefore disclaim 
any wish for favor from airy court incom- 
patible with its duty. I am not conscious 
of ever receiving any, nor of expecting 
any. Let it therefore be understood, that 
whatever fate may attend me, that fear oi 
the judicial power of the Barry court, shall 
never influence my conduct. Would it 
were the case with others, who, like me, 
are and may be under their power, to des- 
pise it. But it is not the case. Instead of 
boldly meeting the consequences of their 
lawless power, too many seek to gain their 
ends by feeing their private minions; as ii 
justice (were it in them) could be approach- 
ed through no other gates thail those at 
which these minions stand .porters. It is 
with them to act as they please. From 
their superior address, their knowledge of 
men, and skill on such occasions, they may 
succeed, and it may be their better policy'.' 
The ear of a court may be better <o some 
than all the laws in existence. But it- 
seems to me that more honor and praise is 
due to him, who, in an open manly man- 
ner, detects and exposes favouritism and 
error, than to one v^ho fattens on the smiles 
of judges. But, while a watchful eye should 
beheld over the conduct of judges, it is 
due to one's own standing, to justice and 
common decency, that faults should not 
be charged against, nor praises awarded 
them, without just cause. I should be sor- 
ry to violate this rule— I will not knowing- 
ly do so. 

I have promised to call your attention to 
the conduct of three of the Barry court 
justices. I am conscious, that many will 
attribute the conduct on roy part, in doing 
so, to the worst of motites. I am free to 
acknowledge that I feel much displeasuie 
at the conduct of those iren towards roc; 
because they have not only aided in an un* 
warrantable manner, in tho passing of » 
law wbich was to put me out, and them- 
9e\<" into Qiffice; but, on efTecting their 
r '»,(,!Wr«>,':W»nt9Mjf ««tTen»t»tf.1 'r 



/ . 



Sir 



F 455 
.S67 
Copy ^ 



kentuck/ reporter extra. 



ACHILLES SI^ISSD 

TO THE PEOPLE OF KENTUCKY. 



" If'htn vice prevails, anJimpious men hearsrvaij, 
"T/ieposl of honoris a private station," 

People of KE>TucKr : 

IT is not my wish to tax the 
patience or politeness of any one, by re- 
iiearsing "the story of my wrongs," nor to 
burthen them with my complaints for inju- 
ries received; but that among the wara 
for office, and for power, in which I had 
no agency in creating, nor desire to be- 
<;omeaparty, unless in self-defence, I am 
made the greatest victim, no one will de- 
ny. Indeed I am sacrificed at the shrine 
of avarice, cupidity, and lawless power, to 
make way for the favorites and partisans of 
unrestrained deception and ambition. You 
have seen, and I have heretofore detailed 
to you, the manner in which I have been 
treated and abused by a party, which by 
way of description I shall denominate "the 
Barry party." Not because Wm. T. Bar- 
ry is the only leader of the same, but be- 
cause I mean to call your attention more 
particularly to this man's conduct, togeth- 
er with two others of his brethren of the 
bench. In doing which I am aware, that I 
shall be considered as treading on ground, 
which will not only draw down on me the 
most inveterate hatred and malice, but ev- 
ery additional injury which is, or maybe 
in the power of those men ti» inflict. I am 
also aware, that much of my property may 
possibly, from tii9 course of things, be 
thrown into litigation; and if my rights are 
to be decided by the Barry court, no one 
will envy me the prospect of justice which 
I may calculate on. From men who climb 
into power by detraction and deception, 
and acknowledge themselves the tools of 
whatever dominant party may prevail in 
the legislature, (as these judges have done 
by their acceptance of their offices, under 
the circumstances attending them) but lit- 
tle may be expected from the dictates of 
justice or their own sense of propriety. 

Even were they convinced, that justice 
inclined on my side of the question, and 
they could lay aside all feelings on their 
part as men, in deciding in my favor; yet, 
if in so doing, they should meet the frowns 
of a leading demagogue in the legislatf"^ 
department, they must kick the beam 
against me, for fear of losing their own 
seats. But I have no hopes of justice from 
♦>»ein: rior shall I court it. I knoir others 



may court their smiles and they may be 
very graciously bestowed. This is not my 
way of doing business with courts. I view 
men in office as judges, bound to do what 
they shall consider right, after applying the 
law and evidence to the case; that ihey 
are bound by their oaths as well as their 
honor so to do; and those who would not 
do so asjudgej. the frowns of the legisla- 
tive and executive departments to the con- 
trary notwithstanding, are unworthy the 
trust reposed in them by the people uoder 
their constitution. I therefore disclaim 
any wish for favor from any co«r< incom- 
patible with its duty. I am not conscious 
of ever receiving any, nor of expecting 
any. Let it therefore be understood, that 
whatever fate may attend me, that fear oi" 
the judicial power of the Barry court, shaii 
never influence my conduct. Would it 
were the case with others, who, like me, 
are and may be under their power, to des- 
pise it. But it is not the case. Instead of 
boldly meeting the consequences of their 
lawless power, too many seek to gain their 
ends by feeing their private minions; as if 
justice (were it in them) could be approach- 
ed through no other gates than those at 
which these minions stand .porters. It is 
with them to act as they please. Prom 
their superior address, their knowledge of 
men, and skill on such occasions, they may 
succeed, and it may be their better policy".' 
The ear of a court may be better <o some 
than all the laws in existence. But it 
seems to me that more honor and praise is 
due to him, who, in an open manly man- 
ner, detects and exposes favouritism and 
error, than to one v^ho fattens on the smiles 
of judges. But, while a watchful eye should 
beheld over the conduct of judges, it is 
due to one's own standing, to justice and 
common decency, that faults should not 
be charged against, nor praises awarded 
them, without just cause. I should be sor- 
ry to violate this rule— I will not knowing- 
ly do so. 

I have promised to call your attention to 
the conduct of three of the Barry court 
justices. I am conscious, that many will 
attribute the conduct on my part, in doing 
so, to the worst of motives. I am free to 
acknowledge that I feel much displeas'Jic 
at the conduct of those n^en towards me; 
because they have not only aided in an un* 
warrantable manner, in the passing of » 
law wbich was to put me out, and them' 
se\v i into office; but, on effecting their 
pr •• •,/)»,' biiye wartonly atierap^*"^ *•■ 



■vvV>-V:>''-^ 



^ 



^a■^v 



•^"-Vs^iX 



.567 



ibiow the biarae oithe 1T)«»s of office, ou my 
part on myself; although they, and their 
coadjutors in that unrighteous project, well 
Isaew, that it never was the intention cf 
the party, to keep me in office, if they 
passed thelaw^. It is idle to attempt to 
deny this on their part. Do they not 
liuow that if they had the power to pass the 
bill as they did pass it, that they had equal- 
ly the power to pass it in a modified shape 
by which 1 should not have been interrupt- 
ed ? Yes, they well know the maxim, that 
the major includes the minor power. It is 
true, it might have been the understanding, 
and I incline to think it was, of some of the 
members of the legislature, that I would bo 
continued in office, no matter who were 
made the judges. Whether such was or 
was not the opinion of James Allen, of 
Green; A.T. Hughes, of Nicholas; Wil- 
liam O'Bannon, of Fleming; Robert M'- 
Afee, of Mercer; Richard Ballinger, of 
Knox; it is with them to state. They 
well know the assurances given individual- 
ly by them, of ray being continued, and 
some of those gentlemen will recollect, that 
they went so far as to state to me, that 
they as senators, would approve of no man 
as a judge who would not continue me in 
office; othersof the senate must recollect 
the assurances of Barry, Trimble and Hag- 
gin, through them to me, that I ivas to be 
appointed. It is true that 1 made a mem- 
orandum of the substance of what was said 
by those gentlemen, together with the re- 
marks which John Rowan, Samuel H. Da- 
viess, John Buford and othersof the lower 
House also made on this subject; but not 
with a full belief of seeing those assuran- 
ces realized, but from a determination to 
remind them, at a future day, what little 
confidence I ought to have placed in them. 
J have now to slate, that if they did not use 
these assurances to deceive me and my per- 
sonal friends, and as inducements to 
make no opposition to the passage of the 
reorganization act, but did believe what 
they slated, that I am satisfied they had 
not been let iuto the sanctum sanctorum of 
the high priests ol' the hohj caucus; but had 
been debarred that privilege, and kept in 
I'gnoranceof the extent of the whole plan 
contemplated. It rests with them to say, 
whether they intended ungenerously, nay 
wantonly, to deceive me for the purposes 
aforesaid, or that they were deceived them- 
selves. But, how shall I apologize for Wm. 
T. Barry and his associates, Haggin and 
Trimble! To suppose them ignorant of 
the decrees of the holy caucus, as they 
formed a part, would be saving that ibey 
did not possess capacity to understand their 
<)wn intentions. — Yet tliissame Wm. T. 
Barry took me out in the little passage be- 
tween Col. Taylor's dining-room and t!ie 



front part ofthc building, on the nightthat 
Col. Taylor gave a party, and told me, 
that he never had but one sentiment to- 
wards me; that they did not w^b against 
the officers of thecouj^!*>i|pi4|if ^qfertain- 
ing diflerent politics from his, made no dif- 
ference; that 1 was considered a faithful 
officer; that hs had had conversation with 
Judge Trimble, who was in my favour, and 
he had no doubt but Haggin was likewise; 
that I nn'glU go home, go to bed and sleep 
as soundly as if I were then appointed. It 
is true no one was present but ourselves; 
yet it will be recollected by Young Ewing 
and Nathaniel S. Dallam, of Christian, 
Presley N. O'Bannon, of Loganj with ma- 
ny others, that it was in contemplation by 
them to collect these judges, to have me 
appointed, in order that copies from the 
office might be obtained and business again 
progress. If Mr Trimble's and Mr Ilaggin's 
assurances to my myself and friends, were 
not equally pointed with Mr Barry's, they 
will say wherein they were short IhereoJ. 

Yet liliat was the issue! After much talfi, 
intrigue and pretence shewn and done, 
with a view to deceive and delude, as well 
as to furnish apologies, as I think, to justify 
the appointment originally intended, I am 
told — you have attended the old court by 
your deputy, (as if I could have a deputy 
without being clerk, and if clerk it was 
not my duty to attend them,) and Col. 
Beaucbamp, among others, (no doubt of the 
like clean birds) have advised us not to ap- 
point you. And Francis P. Blair, the fa- 
vourite originally intended, receives the 
appointment. I say I believe originally 
intended. This Mr Blair held at the same 
time, the office of circuit court clerk of 
Franklin county ; but was more fond of 
political scribbling and acting the man of 
pleasure, than he was of performing the 
duties of his office. The latter he left to 
be done by deputies. Mr Blair had ac- 
quired the credit of a sharp newspaper wri- 
ter; and having talents that way. which i£ 
is said he displayed in the pieces under the 
signature of Patrick Henry, and has giv- 
en further evidence no doubt, in the late 
pieces under the signature of Jefferson, 
was found to be an important character in 
the play. Mr Blair was well qualified in 
habits, politics, and circumstances, as well 
as talents, to be confided in as their clerk. 
But with all Mr Blair's acquirements, it 
remains for the good and the virtuous to 
say, how much praise should be bestowed 
on one who can deliberately climb into the 
offiice, over the head of him who without 
charge of improper conduct. Las been for- 
cibly deprived of its benefits. 

I will now discuss the correctness of the 
la\^, under pretence of which, my office Las 
been'takeri forcibly from me, and will then 



8 



T&lampi to siiow, by laying- belore you the 
conduct of these judges, &c. why it was ne- 
cessary to remove the old judges. 

The 1st section of tlie 4fh article of the 
constitution states, that "the judicial pow- 
ers of this commonwealth, both as to mat- 
ters of law and equity, shall be vested in 
one supyone court which shall be fstijled the 
court of appeals, Snd in such inferior courts 
as the legislature may from time to time 
erect and establish;" and the 5th section 
of the same article states, that '"there s/ta/Z 
be establislied in each county now, or which 
may hereafter be erected within this com- 
monwealth, a county court." 

The court of appeals and county courts, 
which the constitution declares s/t«t7Z*fi and 
such inferior courts as (it also declares) the 
legislature marj from lime to time erect 
and establish, comprise one of the distinct 
departments of government, to-wit: "the 
judiciary" spoken of in the 1st section of 
the 1st article. That section reads as fol- 
lows: "The powers of the government of 
tlie state of Kentucky shall be divided into 
three distinct departments, and each of 
them be confided to a separate body of ma- 
gistracy, to wit: those which are legislative 
to one, those which areexecutive to anoth- 
er, and those which arejudiciary to anoth- 
er." 

The 9th sect,ion of the 3d article states, 
that "thegoveroor shall nominate, and by 
and with the advice and consent of the 
senate, appoint all ojjiccrs whose offices are 
KstahlisKcd bij this constiluiion, or shall be 
established by law, and whose appoint- 
ments are nut herein otherwise provided 
for." ' 

The ofuce of judge of the court of ap- 
peals, attorney general, surveyor, coroner, 
justice of tlie peace for a county and the 
Jiigher grade of militia officers, are believ- 
ed to be all established by tlia constitution, 
whigli the appoiotmeut of ofllceis to fill, is 
not otherwise provided for than aa snecifi- 
#,'d in this 0th section of the Jd article, and 
who hold their offices or appointments dur- 
ing good bciiaviour. It is also believed 
that thcyjudges, and clerks of "such inferi- 
or courts as the legislature may, from time 
to lime, erect and establish by law," as 
aforementioned, arc the officers alluded to 
as holding their ofiices during good behav- 
iour and the continuance of their respect- 
ive courts, as stated in tiie 12th section of 
the tjth article. In this way the wording 
of this last mentioned section becomes ac- 
cordant with the od section of the 4th arti- 
cle, which states that "ihe judges bolh of 
the supreme and inferior courts shall hold 
their ollices during good behaviour." 

The ofltce of the judge of the court ofap- 
jieals is erected and established by the cou- 
•'itufion; that of n judge of thie circuit or 



inferior courts is osiabliahei by a legisla- 
tive act. The former is as permanent as 
the constitution itself, the latter is as pec- 
manent as the law which created it, and no 
longer. As the constitution gives the pow- 
er to the legislature to establish by law the 
circuit courts, they can under the same 
power, abolish those courts by repealing 
the law. Not so with the court of appeals 
and county courts; they shall be, the cir- 
cuit courts may be, if the legislature so 
choose. 

The lOtb section of the 4th article states, 
" Each court shall appoint it& ovm clerk, 
who shall hold his office during good beha- 
vior," and that qlerksof courts "shall be 
removable for breach of good behavior, by 
the Court of Appeals on/jr." Itseems there- 
fore to follow as a necessary consequence 
that after the judges of the court of appeals 
were nominated and appointed, commis- 
sioned and sworn into office, that the su- 
preme court, to be styled the court of ap- 
peals, was complete — and having been re- 
gulated as to their jurisdiction and manner 
of bringing business before tbem, by legis. 
lative enactments, it became expedient to 
appoint its clerk. That the judges and 
clerk, thus appointed, became officers of 
the constitution, and beyond the power of 
the legislature to displace, but by impeach- 
ment or an address of two-ihirds of the le- 
gislature. But, if the judges had been re- 
moved by impeachment or address, it is 
conceived that the clerk could not be dis- 
placed while the constitution exists, but by 
the judges of the court of appeals onlt. 

How then, can it be conceived that the 
act of tJie last legislature is warranted by 
the constitution, so far as it goes to displace 
from office the judges and clerk of the court 
of appeals ' And even had that wonderful 
body, been vested with the power to dis- 
place the cleik, it might be asked, for what 
reason was tha.t power exercised, save for 
the reasons heretofore mentioned ? 

Let it be remembered that the constitu- 
tion divides the powers of government into 
three distinct departments: the legislative, 
executive and judicial. It provides that 
there shall be a governor, a legislature, 
and one supreme court, to he styled the 
court of appeals. It certainly establishes 
any one of the three departments as well as 
another. If it does not establish the court 
of appeals, county courts and the power in 
the legislature to establish by law, {tpm 
time to time, such inferior courts as it ynay 
choose, which you have seen to compose the 
judiciary department, it does not establish 
the offipe of governor, nor the legislative 
department. The, constitution docs not 
appoint the judges of the court of appeals, 
nor limit the number; but you have seen, 
Diat it directs th^t the governor shall noro 



Iiiale and by and vruh the advice aud cod> 
sent of the senate, sppoiot all officers whose 
offices are establishea by the constitutioo, 
ar shall be established by lanr. Aod it is 
fairly inferrable from the language of the 
5th section of the schedule to the constitu- 
tion that the judges of the court of appeals 
should never be fewer than three; as at least 
two judges ofsTiid court were to perform a 
certain duty required of them by that sec- 
tion, and two-thirds of the members of the 
court is required to concur in the remoral 
of a clerk. Nor does the constitution ap- 
point the governor, or elect the members of 
the legislature; but points out the way such 
appointments or elections shall take place. 
The style of the constitution is: "The le- 
gislative ^ou^er of this commonwealth; the 
supreme executive power of tho common- 
wealth; and the judicial power of this com- 
monwealth, both as to matters of law and 
eqaitjt shall be vested," &,c. It therefore 
establishes the offices of the three depart- 
ments, and points out the way in which they 
shall be filled by the legislature; and that 
no inconvenience might arise from the 
changes made in the constitution by the 
convention of 1799, it was directed not to 
he in force till the first day of June, 1800, 
in order to give time to organize such por- 
tion of the departments which might be 
necessary, under the directions of the con- 
stitution, as may be seen by refersnce to 
the schedule. If the legislature can repeal 
out of existence the judiciary department, 
it can do the same with the supreme execu- 
tive department, as well as the legislative 
department ; for if the repealing of the laws 
made in pursuance of the direction of the 
constitution to complete the organization 
of either department, abolishes that depart- 
ment ; to repeal the laws regulating elec- 
tions, must abolish both the executive and 
legislative departments as completely and 
entirely, as the repealing the act organiz- 
ing the court of appeals abolishes the oiBce 
of Judge of that court. The idea of re- 
pealing out of office a governor, lieutenant 
governor, or a member of the legislature, 
in passing an act by a majority of even all 
the members elected, has never yet been 
contended for ; and indeed, it would be 
hard to conceive of an idea equally absurd, 
save that now contended for— that the act 
of last session reorganizing the court of ap- 
peals, does constitutionally displace from 
office, the judges of the constitutional court 
of appeals. 

Although the constitution does not say 
of how many members the court of appeals 
shall consist, yet it defines thie duties of the 
court ; and the 3d seclieuof the4th article 
declares, that the judges when appointed, 
shall hold their office during good behavior, 
Nor does the conslitntion sav of how many 



members the Beuate ur houbeot represeuLa- 
tives shall consist, but leaves the number 
to be fixed by law, between 58 and 100 in 
the lower house, and in the senate, in a due 
proportion to the number in the lower house. 
The member who is elected to a seat in the 
House of Representatives, over the num- 
ber 58, this being the number when the 
constitution was amended, in that house — 
is as much in by the constitution as any 
member of the 58 — although all above 58 
are provided for by an act of the legisla- 
ture, as directed by the constitution. And 
will any one contend, after the members 
are elected under the mode pointed out by ■ 
said act, that the legislature can, by re- 
pealing that act, turn all members thus 
elected out of their seats 1 Or will any one 
contend that the whole members elected, 
could not serve out the term for which they 
were elected, because the election law un- 
der which they were elected was repealed? 
Let us apply this principle to the case 
of the governor, and suppose that the legis- 
lature had by a constitutional majority of 
all the members elected, passed an act re- 
pealing the election law by which he was 
elected, the governor's objections to the 
passing said law, notwithstanding — would 
his excellency and his judges, concur in 
saying that thereby he was removed from 
office 1 It is presumed that his excellency 
would really think the case being altered^ 
altered the case ; and would feel inclined 
to say, Indeed Mr Legislature 1 amnot the 
Governor your act removes from office ; my 
constitutional term of office has not yet ex- 
pired ; and I shall let you know that your 
" legislative ^oji'cr" has no right to exer- 
cise any power properly belonging to my 
"supreme executive po2^e>-." This law is 
unconstitutional, aod cannot take from me 
my precious two thousand dollars a year. 
No.no, this will not do. Where are my 
judges of noses of wax "? Come forth, my 
lords, and declare this act void, and direct 
the auditor to issue his warrants and the 
treasurer to pay them to me as usual, or by 
the virtue contained in my " supreme ex- 
ecutive power," and my great cane, I will 
cause the constitutional laws of my country 
to be executed. 

But to return to our subject. Will any 
one contend that by repealing the acts re- 
gulating elections, the term of service for 
which the governor, senators or members 
of the house of representatives have beea 
elected, can be curtailed and the office a- 
bolished? How absurd is it then to say, 
that by repealing an act regulating 
the court of appeals, or prescribing the 
numbers of which it shall consist, remove 
the judges until their term of service (good 
behaviour) expires. 

The reason for all this is, that wheiievsr 



tuecoiistituiioii provides for tlie existence 
of an office that office must always exist. — 
The constitution provides expressly that 
the office of governor shall exist; that the 
office of judge of the court of appeals and 
justices of the county courts shall exist; 
and that the office of legislators shall exist. 
They must each and all exist, or no one of 
them can; for the destruction of one of the 
departments destroys the whole fabric of 
goverumeot as made by the people. The 
people by their representatives in conven- 
tion met for tliat purpose, made the consti- 
tution; it is the supreme or paramount law 
of the state government. It divides the 
powers of that government, by assigning 
to the legislature the right of making laws; 
to the judiciary the right of expounding 
laws, and to the executive the right of en- 
forciog laws by causing them to be execu- 
ted. It makes these departments mutual 
checks on each other. If the legislature vi- 
olate the constitution, the governor or judg- 
es may refuse to carry the law into effect. 
But if a bare majority could remove the 
governor from office fur refusing to carry 
the law into effect, of what avail wauld the 
powers given the governor hel If the le- 
gislature could by a bare majority, repeal 
the judges of the court of appeals out of 
office, these judges would form no barrier 
to legislative encroachments; aud all pow- 
ers would necessarily result in one body, 
the legislature. This is what Mr Jefferson, 
in his Notes on Virginia, page 126, de- 
clares to be "precisely the definition of des- 
potic government." The executive and 
judiciary can check the legislature by re- 
fusing to carry a law into effect. But, if 
two-thirds of the legislature conceive, that 
the judges or governor have violated their 
duty in refusing to carry the law into effect, 
they can vote a removal by address or im- 
peachment. But the causes of removal 
must be spread at length oo the jourraU.—- 
So if a member of either branch of the le- 
gislature be unworthy, or misbehave him- 
self, he can be expelled from the legisla 
lure; notby a bare majjray, out by two- 
thirds of the member.^, (see '20lb section 
2d article constitutioi, of Kentucky ) la 
all cases of removal, tiie constitutiou re- 
quires the concurrenci- cf tw.> thirds of the 
members. The most ordiuary justice of the 
peace of this commonwealth, cannot be re- 
moved by a less numbor tlian two-thirds of 
the members. And evcri Mr Barry him- 
self has ackniiwledged lliis by his own acts, 
in the cases of David Logan and Leo. K. 
Bradley, justices of Fayette county, (see 
journals of the senate liJlT.) — Can it then 
be believed, that the framers of the con- 
Etitution ever intended to commit the fate 
of the judges of the appellate court of the 
Gtate to the vote of a bare majority? Be- 



sides bav6 you Dot all heard and read iVora 
the leaders of this relief and judge break- 
ing party, in their speeches and circulars, 
that their reason for voting for the conven- 
tion bill the session before the last, was that 
they wished to have the constitution amen- 
ded 80 as to have the judges removable by a 
bare majority. But the people gave such 
indications at the last election against the 
convention project, that these constitution 
breakers were last session compelled to vote 
against the convention bill. And, strange 
to say, they then in violation of the plain 
letter of the constitution, what they had 
admitted was its moaning, and why thejr 
wanted a new constitution, passed a law 
by a bare majority, removing the judges 
from their official seats. And what is still 
more strange to tell, they now have con- 
tempt enough for the understanding of a 
high-minded free people, to pretend — yes, 
prc.ttnd that they believe tl at f; pv did not 
not violate the constitution. Tney have 
caused volumes to be printed to shew that 
they have only repealed a law thai the le- 
gislature had heretofore passed, and which 
they could rightfully do; that, one court of 
appeals can be done away and another 
erected in its place Avith the same ease and 
with the same right that the members of the 
legislature of one year may succeed those 
(I another. See their Jefferson pamphlet* 
W at ignorance they must attribute to the 
ppople, or how barefaced and daring is the 
delusion here attempted to be fastened ou 
them! Who does not know that the mem- 
bers of one annual meeting of the legis- 
lature, may give way to that of another; 
yet the office of legislators is the same 
though filled by different men at different 
times! And who will deny, but that the 
court of appeals maybe filled by different 
men at different times, and still the office 
of judge of ihe court of appeals remain the 
same? The incumbents of office at one 
time, may constitiitionally be succeeded by 
others at other times; liut still the office both 
of judge and legislators untlergoes no 
cbaijge. 

It is admitted that the legislature may 
repeal •ri.ner laws; but when they Jo so, 
they muoi not violate the constilntioB by 
impairing contracts entered intc?, o»' rights 
sancii ocd by the law. They may repeal 
all laws /lovidingfor the election of gov- 
ern ir, hut iLey cannot rleclare the office of 
gov\.)u'jr vacai'w'd, and proviciefoi the elec- 
tion of a new governor. They m.iy repeal 
all '-^TTr T'^criilatipg elections of members of 
iiit general assembly; tut car.noL turn 
out of the house a single member, but by a 
vote of two-thirds. And so they may re- 
peal the laws relating to the court of ap- 
peals. But the court like the legislature, 
being of constitutional creation, caono: 



6 



be destroyed; and to remove the judges 
two-thirds must concur in an address, or 
two-thirds of the senate upon an impeach- 
tnent. The legislature may repeal tlie act of 
1796, and all orhe» laws declaring whoshall 
be slaves, but wutiid that set all slaves frcel 
and why not? Because the coostilution has 
declared how slaves shall be freed, (see the 
7th article.) And so has it declared how 
judges shall be removed from oOicc. The 
legislature may repeal all laws relating to 
and fixing the seat of government: but 
would that remove ihe scat of governraenf? 
and why not! liecause the constitution, as 
in the case of the judges, has prescribed 
the mode in wlmh the seat of government 
shall be removed It requires a concur- 
rence of two-thirds of the legislature elec- 
ted in removing it. 

People of Kentucky, can yon lielieve 
that the Uw of last session repealing tiie 
laws heretofore respecting the court of ap- 
peals, and for reorganizing that court, is 
not a violation of the constitution of your 
country? Haveyou read yourconstitution, 
unbiassed by any other considerations than 
that of a regard for truth'! If so, you can- 
not doubt its violation. If you never 
have read it, let me entreat you to get it 
and '-ead it for yourselves. Take not niy 
construction, nor any man's construction 
of its meaning; let your own plain common 
sense detormine its meaning. Read it, not 
fortl.e purpose of supporting this man's or 
that maa's opinion or election; nor. to re- 
tain i'j office tliis man or to displace ano- 
ther; ri--ad it fur the sake of Irutk and jus- 
tice, read it fur the purpose of securing and 
rnaiutaioing your natural ami constitution- 
al rights. Condemn none of its provisions 
till you have thoroughly examined the rea- 
son fir their existence. Tread slowly, and 
cautiously, overits contents. Understand 
it thoroughly, and you will hug it to your 
bosom as your safeguard against cppicssioB 
and oppressoi's vvrougs. W>('i llie ^'d 'i an 
indepf.ndeni, fii;ii and honpst set r judges, 
it will shield the po'^r frr;m the laiiuence of 
the rich; the ign jrant and ( ic iirtless (riim 
the designs of the learned and arffut; the 
weak from 'Ije vinlen-ie of the sti .ng; and 
the rights of the minority, from I'le gr.,spof 
the avaricious majority. It willdo mwre, — 
it will secure to the poor buthonesi labour- 
er the fruits rif his industry and labour; and 
force the scienUjic debtor, those head- work- 
ing gentlemen that tread on fine carpets, 
indulge in sple'i<!id carriages and enter- 
tainments, to livn within their incom*', 
by making them pay their dehts. I be- 
seech you nut^to disregard these requests 
because they may not now seem to call forth 
your attention as to any immediate in- 
terest which you may now feel on the ques- 
tion of judge breaking &c. The axe has 



been applied to uiy ligiits and priviit]gefi;t 
and may, ere long, be laid to your tree of 

liberty. 

Once settle, and yield (he point, that a 
bare majority of the legislature can repeal 
all laws and when repealed, that whatever 
is held under them or brought into exis- 
tence by them, (the constitution notwith- 
standing) goes with the repeal; and the as- 
piring mortals of the day, may by a single 
act of intrigue, divest you (as they have me 
of my office) of all your slaves; »iay they 
may go farther, and like William the Con- 
queror, divest you of your lands, and par- 
rel them out among their followers and sup- 
porters. Suppose the legislature shoulA 
repeal all laud laws, (and they may well do 
so by a bare majority,) should we not lose 
all our lands according to this doctrine 
of legislative supremacy? We certainly, 
under this doctrine, jeopardize every ar- 
ticle of property, as well as our lives and 
liberty. Who ever bad an uncontrolled 
and unlimited power, that did not abuse it?- 
And, who has for years observed the temper 
and importance of members of the legisla- 
ture, that would not dread their power if not 
checked by some constitutional restraint? 
Suppose a bare majority of the members 
were to pass a law, declaring that there 
should not, at the August ensuing, be an 
electionheld, in express contravention, as 
it would be, of the provisions of the consti- 
tution on that subject; and this they might 
pass even in despite of the supreme execu- 
tive and his great cajie: can any sober, 
balanced mind say, that the majority had a 
right to pass such a lawl And that the act 
of the majority in this case, as in all others, 
must govern? If any one be disposed to 
sanction this stretch of power on the part of 
the majority, such a person cannot deny the 
right of the majority to pass a law unhinging 
every legal tie by which we hold our lands, 
our slaves, and personal property. What 
would prevent their passing a law to dis- 
tribute the proceeds of the honest, econo- 
mical, industrious part of society, equally 
among the political spendthrifts and the la- 
zy idle part of society? Do we not alrea- 
dy see the doctfine contended for, that the 
legislature are the people, and the oh/?/ or- 
gans through which the people speak and 
act? And if so, of what avail is the oflice 
of governor and judges? are they not infal- 
lible nuisances? For if they cannot act in 
any manner ns a check upon the legislature, 
but in a_ccordauce at all times with their 
view s, we pay too high a price for, and too 
much res|>ect to, such tools for the legisla- 
ture to work with. But who is he that has 
read the constitution and reflected there- 
on, without the aid oi atencher of the prin- 
ciples of this majority, that can say, that 
the people do not act through the judicia! 



as well as the executive and legislative de- 
parltnents of the governmant'? If tljerc be 
Slid) a one, let him be silent, or retlect well 
before he exposes his own ignorance, or 
barefaced contempt for the nnderstanding 
of his fellow men. Does he consider the 
people of Kentucky as a simple flock 
of geese, ready to cackle out at all times 
an acquiescence in, and approbation of 
whatever absurdity of construction of their 
constitution, as well as to adopt, without 
reason or justice, whatever measures Wm. 
T. Barry and his party shall dictate! And 
yet, we are very seriously informed, not 
only that the legislature are the people, 
but that the people are not bound by their 
constitution; and that a majority of the 
legislature ought to govern in all things — 
Who made the legislature the people? The 
history of my country, common sense and 
matter of fact, state, that the people in 
convention made the constitution, in which 
is pointed out the way the legislature came 
into existence; not as the -people themselves^ 
but as the servants of the people, vested 
with limited powers under the authority of 
the constitution made by the people; which 
powers cannot be transcended by them 
rightfully; but every attempt to transcend 
them, is running against the constitution, 
which they swear to be faithful and true to. 
Would it not be absurd, to say that the 
people made that constitution under which 
the legislature came into existence, and 
yet contend that the legislature is the peo- 
plel If the legislature be the people of 
Kentucky, and as pseudo Jefferson says, 
one legislature passes away and another 
succeeds, Kentucky must have had at least 
thirty-four sets of people within thirty-three 
vears past, as there has been that many 
clectionsfor members to the legislature. 

But it is said, although the constitution 
has pointed out two ways by which the 
iudn-es may be removed from office, it does 
not say no other way sliall be resorted to 
by the legislature for that purpose. Here 
is another wonderful display of the acumen 
of thought and judgment of this party. 
The legislature in the preface to the reso 
lution which they passed at their session of 
1816-17, furnishes an appropriate answer 
to this question. (Sec Journals of tliat sess- 
ion; of the Senate, page 193, and of the 
H. R. page 2'V^.) It is as follows: 

"Tiie late mournful event, the death of 
bis late excellency George Madison, may 
have excited in the minds of some, 'he 
constitutional inquiry, whether the lieutcn- 
ant,governor must exercise the functions 
of governor during the residue of the gu- 
bernatorial term, or whether this legisla- 
ture can provide by law for a re-election to 
fill tlie vacancy? It will bo readily admit- 
ted that the right of suffrage ought to be 



supported by this body, and that every 
door to the exercise of that right should 
be fully opened by statutory provis- 
ions. But at the same time a greater 
stretch ot an unlimited exercise of that 
choice privilege than the constitution will 
justify, ought not to be made. By that 
charter the people in convention assembled 
have seized upon, secured and provided for 
many of their rjo^hts and privileges, and 
restrained the departments of government, 
as if too jealoiis tt> trust them to tie yearly 
provisions of this assembly, or have counted 
them too sacred to be exposed to the jeop- 
ardy and haz.ird of momentary feelings or 
party zeal. It will also be admitted that 
where the voice of the people, expressed 
in that broad charter of their liberties, has 
not restricted and forbidden the exercise of 
power, that power remains with them and 
may be exercised by their representatives. 
But it must at the same time be acknowl- 
edged, that where the constitution has ia 
constructing the machinery of government, 
fixed any part of its organs, and provided 
the mode of appointing its officers, there 
we as a legislative body cannot derange its 
organization by substituting any thing in 
its place. It has said, that elections shall 
be held on the first Monday in August, an- 
nually: It has no where said, that they shall 
not be held at any other period; yet the 
legislature could never fix upon any 
otiier day. It has said, that senators 
shall be elected for four years: It no 
where declares that they shall not be elec- 
ted for a longer or shorter period; yet a 
provision by law fcr a longer or shorter 
time of service to that branch of the le- 
gislature would b« inopora'ive and void.— 
It has said, that the logislatiire shall direct 
tiie mode of issuing writs of election to fill 
vacancies in either branch; and has not 
expressly restricted other modes of supply- 
ing vacancies; yet a legislature, it is presum- 
ed, could not be found hardy enough to fill 
a vacancy by its own vote, or executive ap- 
pointment. The governor by aed with the 
advice and consent of the senate, must ap- 
point and commission all officers, whose ap- 
pointment is liot otber\vise provided for, 
while other modes of appointment are not 
expressly forbidden, yet an act of assembly, 
cannot create a judge or commission even 
a justice of the peace. lu like manner the 
governor shall be elected at the end of ev- 
ery four years; can we elect one in the in- 
termediate space of 'iine.' The successor 
pf the governor is puinted out, and even 
tlio successor of itiat successor; can we sub- 
stitdtr' anjther suci;eb<ior unknown to the 
cotistiJutioii! The officer assigned to fill 
'he place of the governor, must be elected 
simultaneously with him; can we create one 
that is not elected with himT Such a con- 



elusion must not only be prepostoroiis, but 
subversive of the iristnnncnt which we 
ought to support. If this body can by leg- 
islation, or the people by election, create 
a governor to fill fractional periods, it must 
be only in those cases where the constitu- 
tion is silent and has furnished no remedy; 
such a case has not occurred; no such event 
has happened. Without, therefore, fur- 
ther reasouirg' on this subject, this legisla- 
ture does not hesitate to declare that the 
present lieutenant governor now acting as 
governor, is the constitutional incumbent 
of that office, until the next revolving pe- 
riod of four years hag elapsed, when the 
right of free suffrage again will recur; and 
they decidedly coacur in the follon"ing res- 
olution: 

"Resolved, lij the General Jlssemhlj of 
the ConkinoiiWP.alth of Kentucky, That the 
present lieutenant governor is entitled to 
hold, by constitutional right, the office of 
governor, during the residue of the time 
for which his late excellency George Mad- 
ison was elected, and that no provisio.n can 
be made by law for holding an election to 
supply the vacancy." 

Let it be remembered, that on the adop- 
tion of this resolution in the house of repre- 
sentatives, the yeas and nays stood thus; — 
Yeas — Messrs Barret, Birney, Blackburn, 
P. Booker, Bowman, Caldwell, Cook, 
Henry Cotton, Cox, Moses Cummins, Cim- 
ningham, Ber-jainin Z)ai)js,Dollerhide, Ben- 
jamin Duncan, of Lincoln, Eggleston, Ur- 
bin Ewing, Ford, Gaither Garrison, Gwin, 
Gilmon, Wm. Good, E. Grant, L. Green., 
Grundy, Harrison, Jamison Hawkins, Chas. 
Helm, Holman, John Hombeck, H. Jones, 
Logan, Love, Marshall, Mercer, Mills, 
IVJoreman, Thomas B. Monroe, Samuel M' - 
C*otc;/ of Mercer, M'Hallon, James M'Ma- 
hon, Win. McMillan, B.ll. Reeves, James 
Itobinson, John Rowan, Richard Rudd, 
Shepherd, Slaughter, Spillman, S. Steven- 
son, Stapp, T. SKvenson, Todd, True, Un- 
derwood, Ward, Philip White, Weir.Wick- 
lifFe, Woodsand Yantis— 63. 

Those who voted for it in the Se- 
r.atv', were — Ed. Ttul'ock. C^-^i-dkcr.) An- 
thony Bartlett, Hamia:: L..jn:u.n, A. Chap- 
lain, S. Churchill, Robert Ewing, Faulk- 
ner, GriOin, J G;<rravd, D Garrard. Hill- 
yer, Hardin, Jnnes, Johii L"'\raster. James 
Mason, of Ivlontgomt'ry. Wm. Owens, of 
Atlair, Josephns Perrin, .^f Harrison, Uriel 
r^i'bne, of Boone, Fiilf.li'' C. Sharpe, Sim- 
ral, John B- Smith, Dav d Thompson, of 
Scott, Richard Taylor, JVtyi. IVorthington , 
ofMiililonbrrg, WitkL'tF, Wm. Woods, of 
Cumberland, WaiJe, Welch and Matthew 
"Wilson, of Christian. 

It would seem from the doctrine laid 
down in this preamble and resolution, that 
Mr Rowan, Mr Monroe as well as Mr S. 



M'Cown, must have cut a somersel as to 
theiropinion of the constitution, since 1816. 
How humiliating it is to see our big men 
blowing hot and cold from the same mouth! 
Pause, my countrymen, and examine the 
ground well before you venture to follow 
Wm. T. Barry, and suite further in their 
proud career of mischief and usurpation.— 
These men are designing and treacherous 
to your interests. Their course is not dic- 
tated by love of country; the good of the 
people ; butfrom sordid, interested motives 
and a thirst for power. To accomplish these 
ends they will stickle at nothing ; no no- 
thing which they conceive prudent to per- 
petrate. 

I know how little consequence is attach- 
ed to the declarations of so humble an indi- 
dividual as myself, and how ready the 
world is to join in lessening the conse- 
quence of the unfortunate and powerless, 
and to pelt him as he passes down the cur- 
rent of misfortune. I have often seen the 
bare declaration of the honorable B. and 
the like honourables of the day pass for 
current coin, without any more substan- 
tial reason to support them than there is 
silver to pay off the notes of the President, 
Directors & Co. of the Bank of the Com- 
monwealth; they were the declarations of 
great men, of captains, majors, colonels 
and generals, — of pert clerks, attornies 
and honorable judges, governors, and sec- 
retaries, of members of the legislature and 
of congress, seasoned with self-confidence 
and consummate impudence, highly ne- 
cessary to consuiTimate the portrait of a 
modern great man. I have felt the weight 
and power of such honourable men. I ex- 
pect to feel their power and influence. 

I have seen the wise, the virtuous and 
the good, say but little, while the foolish, 
the wicked, and the self-conceited were 
spouting out their own consequence; teach- 
ing when they should have received instruc- 
tion; condemning where they should have 
bestowed praise, and exulting in their own 
consequence when the honest cheek would 
blush at their folly and depravity. From 
the latter I expect every injury, while I 
fear the supiness of the former will suffer 
me to sink beneath acciinrilated injuries. 
Be ii so. Yet I will not be deterred from 
making an exposition of the powers that be, 
and laying before the people of Kentucky 
scntie of tho motives and reasons which 
go"erned the Barry party in their high- 
handed measures, and of the characters of 
ibote w^' fill the judgment seats, so sin- 
fully usurped. As an American free-bora 
citizen. I claim ihe right of freely commu- 
nicating my thoughts and opinions, and of 
speriking, writing and printing the samo ; 
and illustrating them by facts, whicb shall 
speak for themselves, I know that th» 



^ 



{v^iMic Mriii aoiy lake that w-ixich I aay and 
s4iew, for what it is worth, aod I ask no 
more. But before I am tried, condemned 
and cast out as prey to the vultures of the 
party, I humbly beg that the good people 
will examine for themselves the opinions 
and statements I shall give and the docu- 
ments I shall refer them to. I regret 
much that my ill health has prevented my 
doing more justice to the subjects on which 
I have touched. I believe the field is spa- 
cious and ample; and I trust those whose 
healtii and talents surpass mine, will not 
neglect them, but will do them full justice. 
Let it not be understood, that I am govern- 
ed in this hope only from feelings adverse 
to particular men, and the deprivation of 
office; yet I acknowledge the influence of 
those feelings. I trust, however, I am also 
actuated from the following more weighty 
considerations. 

It has been properly said, that "rational 
liberty consists in the power of acting ac- 
cording to a will conveniently circumscri- 
bed." Tiiat "man has angry passions, and 
a disposition to appropriate the industry of 
others to his oicn use and pleasrire," To set 
a "proper restraint upon his passions and 
dispositions, so as to make them subserve 
the general good, anJ the rights of each in- 
dividnal, is the proper object of govern- 
ment." That "our government acknowl- 
edges an e^j^a/jfy o/" rights and distributes 
the powers of government in such manner 
as they shall consult the peace, safety and 
happiness ofthe people." That " it is wise- 
ly planned, and to atlempt to mend it, there 
would be fnnch to lose, and but little to 
gain." That "under this form of govern- 
ment much depends upon yourselves." — 
That "the constitution is on paper, and 
men are the agents by whom its action 
on the people is to be given and regulated. 
These agents are to be chosen by you ei- 
therdirectly or indirectly." "What wonld 
it avail, to have a good government in 
Jbr7n but l^bad one injcict; a good constitu- 
tion, but a bad administration!" "That 
the wisest plans will fail of success when 
fools and knaves shall be allotted to exe- 
cute them." "What benefit would result 
from wholesome laws if those laAvs be not 
administered!" "The laws of themselves 
are but dead letters; to give t^iem life and 
activity, you must have j^^'^P^''" "^^^'^ to 
make them known, to hear and determine 
all transgressions ofthe law and to pimish 
the oftenders." "Upon a. faithful energetic 
administration of the laws, your liberty de- 
pends." "That the oHice of judge is a 
high trust and considered most intimately 
connected witli personal liberty, and the 
rights of property." "Judges should be 
lonrncd in Ihieory and in practice, in ab- 



straxit prinoijilqs an*i id matieva at faqj— ^fi 
books of letters and in the book of humab 
nature — intnorality and in the ways of men 
and their modes of transacting business. 
They should be of an independent cast of 
mind, and of solid integrity. Not swayed 
by party nor governed by interest. They 
should have salaries adequate to a comfort- 
able and independent subsistence^ and 
prohibited from commerce, traffic or spec- 
ulation. They should be studious, patient, 
diligent, and know no person or matter tfe- 
hors the record of the case before them ; 
to which they should do strict justice, to 
the best of their skill and abilities." 

I will now proceed to speak of Mr Barjy 
and his two associates. William T. Barry 
commenced his political career a federal- 
ist, and started a paper in Lexington of 
that description, in the names of Watson 
and Overton, his pupil and brother-in-law, 
under his immediate patronage ; so it is 
said, and to the people of Lexington I re- 
fer for the truth of the fact. But tindino- 
he had mistaken the popular side, he be- 
thought himself how he should sneak out 
of this difficulty. Tjie war in the mean 
time broke out, and John Pope, his formei- 
friend and patron, having voted against the 
declaration of war, and the people of Ken- 
tucky being in favor of it, Mr Barry seiz- 
ed the opportunity, at the expense of his 
friend, to wriggle himself into public fa- 
vor, by abusing federalists and federalism. 

The war being over, the next hobby he 
mounted was the new election question. 
He was for putting down Gabriel Slaugh- 
ter, and filling his place, some say, with 
Capt.John Fowler; be that as it may, he 
used it as a hobby to ride into the senate 
of the state legislature over another vene- 
rable friend and patron, Edmund Bullock. 
It appears that Mr Bullock was not only bis^ 
personal friend, but Mr Barry had growti 
into notice under his particular care and 
attentions. It would be useless to speak 
ofthe amiableness of Mr Bullock's charac- 
ter as a man, and the correctness of his 
course as a legislator; his own county-men, 
as well as others, know him too well to need 
any eulogy from me. It is true I have 
known that gentleman for twenty-nine 
years, and am proud to have known him. 
But Mr Barry, regardless of circumstan- 
ces, with the assistance of his coadjutors, 
so misled for awhile the people as to ride 
into office upon the downfall of his friend 
and patron. 

Clated with his great success, and fired 
by ambition, Mr Barry became sensible 
that he should cut a greater figure in the 
political world ajid get more money and 
power by going to congress. Accordingly 
Mr Barry leaves the slate goverqmcDt, 



10 



atd h*rdeai' slate lugLta for a seat in con- 
gress- 

The question as to recbartenng the Uni- 
ted States' Bank was voted out with his as- 
sistance— why1--becawse it wielded Brit- 
ish capital. To touch British gold was 
at that time, like eating the parson's 
grass — it was sacrilege. Some however 
say, that he would not re-charter that l.ank 
because all its funds were loaned out, and 
there were no snacks left for him to bor- 
row. Be that as it may, he would not vote 
for the recharteriug the bank. There was, 
liowever, another measure proposed which 
pleased his fancy better — a compensation 
bill was introduced by .the conqueror of 
Tecumseh. So small a sum as $1500 per 
year for a member pf congress, when asked 
for by 60 great a patriot could not, ought 
not to be refused. Mr Barry voted for the 
bill, and pocketed the cash. Afterwards, 
a bill was introduced to establish a United 
States' Bank of 35,000,000 dollars of cap- 
ital, in which there is no provision against 
foreigners taking stock; and no fears of 
British influence from British gold now are 
entertained by Mr Barry; no, this is the 
people's bank — the government has an in- 
terest in it. Its large capital will enable it 
to send its branches to all sections of the 
country; we can have branches in Kentucky, 
and Mr Barry may be a director thereof, 
borrow as much money as he pleases, and 
lend to as many as he can make friends of. 
During his being in congress he had heard 
what Ca:sar had said while in his ambitious 
career — "Give me money and I will get 
men; give me men and I will get money." 
By this bank Mr Barry saw he could do 
both, get money and men. The measure 
was therefore not only constitutional and 
wise, but the exigencies of the nation re- 
quired such a bank. He voted for the es- 
tablishment thereof. The train is laid, the 
bank goes into operation. 

James Prentiss, of Insurance memory, 
■was despatched with letters and recom- 
mendations from Lexington, to negociate 
with the mother bank for a branch at that 
place. He succeeds in getting a branch ; 
himself, Wm. T. Barry, John T. Mason, 
John H. Morton, James Taylor, of New- 
port, and oth€rs appointed directors — and 
it commenced its operations in Lexington 
about the i-'Tlh January, 1817 — and before 
the 15th of May lijio, (afew individuals of 
the parly had drawn 281, 7L;2 dollars, and 
the same individuals were security for 
225,873 dollars.] 

[We omit the particular sums and the refer- 
'^nce to the names of private individuals which 
I^r Snecd has thought proper,- unnecessarily 
I'^e think, to introduce in this address to the 



public, ^lie peculiar situation of Mr fe. Sfnaii.- 
mg under the severe injury inflicted upon him 
by the New Court, has induced him to go far- 
ther than a strictsenseof justice would justify. 
He is entitled to the benefit of all the rule? 
which authorise an investigation of the trans- 
actions of public men ; the course pursued to- 
ward the Old Judges, and the cruel warfare 
through the press againstthefriendsof the Con- 
stitution, taken as precedents, sanction a wider 
rnnge in retaliation than we could wish to sec 
pursued, but in respect to private individuals, 
and their'private affairs, there is a limit which 
the press ought not to transcend.] — Ed. Rep. 

Mr Barry, we have said, voted for the 
establishment of the United States' bank " 
while in congress; assisted in getting a 
branch placed at Lexington, became a di- 
retor thereof, and as we may justly infer, a 
strong friend to it; for on the 2d of Feb- 
ruary 1818, a motion was made by Mr 
Welch to lay the bill on the table from the 
house of representatives entitled "an act 
to tax banks in this commonwealth," an 
act aimed exclusively to the branches of 
the United States' bank, until the end of 
the session, we find that Mr Barry voted 
in the afTirmative. But the bill was passed. 
Suit was then brought in the general court 
under a law of the legislature, against the 
directors of said branches who refused to 
pay the tax: and Mr Barry was one of 
the directors. Now, be it remembered,, 
that this very act for taxing banks, had 
passed the legislature of Kentucky by a 
large mrijority; yet Mr Barry refused to 
abide by it, because, as he said, it was un- 
constitutional. Yet he could fix on me a 
fine for disobeying his authority under an 
act of the legislature, notwithstanding my 
objections to the constitutionality of it. — 
The suits thus brongbt progressed for trial 
in the general court, then sitting on the 
lower floor of the state house, while Mi- 
Barry, the now shield of State rights, was 
in the senate above. In addition to the 
great interest which Mr. Barry took in 
these banks from the circumstances afore- 
mentioned, he had taken a fee of $500 (in 
specie) to appear for said branches in the 
general court. The suits are called, and 
Mr Barry, with $2 of paper in one hand, 
as pay of a senator of the state of Ken- 
tucky, and $500 specie in the other, as a 
fee from the United States bank, marches 
into court. Here he not only undertook to 
satisfy the general court of the unconsti- 
tutionality of the tax law, but on the 19th 
of February 1819, when arguing the pro- 
priety of the federal court's granting an 
injunction which he had applied to them for 
against the proceedingsof the oflicer under 
said tax law, he derided the legislature 
for attempting unconstitutional ami lawless 



11 



violence in passing tlie act iiDposiog the 
tax upon the bank of the United States. — 
This hedid in a set speech of considerable 
length, which he afterwards caused to be 
published in the papers in Lexington. If 
these fads be denied by Mr Barry or his, 
friends, they can be proven by many wit- 
nesses. Yet this great friend to stale rights 
and state sovereignty, and enemy lo the 
United States' bank, has Iho barefaced 
etlronlery lo call aiher men ''bank jiniges" 
and ''bank courts.'' Where is tlie man in 
Kentucky that has done more to fasten 
these branch banks upon us tiian this same 
man IV. T. Barry] — I aok the question in 
vain. 

Mr Barry may have gotten sick of 
banks. But we find that on tlic 21st Jan- 
uary 1818, he voted for the passing of the 
independent bank bill, which created 43 
banks. On the lOth of December 1S17, 
he voted for the passing of a bill entitled 
"an act to amend an act lo incorporate the 
Kentucky Insurance Company;" and at the 
same session he voted for (he passage of 
"an act to incorporate Sanders' manufac- 
turing company," and a bill siippleraenlal 
thereto; which last bills had banking pow- 
ers without money to bank on, which 
he well knew at the time he volcdfor them. 

Mr Barry was no Shylock. He was al- 
ways ready to vote for an increase of the 
circulating medium, even at the expense of 
creating banks for that purpose; but you 
will find by tracing his proceedings in the 
journals, if I am not mistaken in the pe- 
rusal I have given them, that until he was 
turned out of the directory of the United 
States' branch bank at Lexington, he 
neither voted for an occupying claimant 
law nor a replevy law; and the first en- 
dorsement law hedid vote for, was on the 
9th day of February 1820, when, no doubt 
to avenge himself on the United Slates' 
bank as well as to protect himself, he voted 
for the passage of a bill requiring endorse- 
ments on executions that notes on the bank 
of Kentucky or its branches will be accep- 
ted in discharge of the execution. 

From this time out, Mr Barry became 
devoted to the people. It was for the good 
of the people only, if you believe him, that 
he lived, moved, and had being. But I 
think not: and I will cell you my reasons. 

Mr Barry had not only been associated 
with James Prentiss as a director, but had, 
by endorsing his bills and notes, and by 
other means, aided him in obtaining enor- 
mous credits in Kentucky and elsewhere, 
(see deed of trust from Prentiss lo Pearson 
and others to secure Barry &c. recorded 
in Fayette office) to the amonut of $40,000. 
Whether by these means, or for himself 
alone, still remains a matter of conjecture, 



he, Prentiss, became enabled, and did bu$, 
in his own natne, seven-tenths of the shares 
of the Insurance Company bank stock; 
whereby he was enabled, about the 1st of 
January 1817, to take the controul of the 
bank. He commenced his operations by 
turning out the old president and directors, 
who had faithfully managed it, and placing 
over it a directory of his and Barry's par- 
licular friends and associates. It was well 
known, that when Prentiss took the con- 
trol of this institution, that there was a 
large amount of specie on hand, and that 
its stock was worth from 30 to 40 per cent 
above prr. Prentiss availing himself of the 
good credit in which he found the institu- 
tion, caused a large amount in notes to be 
issued, with which, it is said, he and bis as- 
sociates bought lands and other property, 
instead of making provision to wind up the 
bank as they should have done, by taking 
in their notes, that being the las,V year of 
its charier. The notes then issifed were 
received in payment for government lands, 
to banks and individuals,, without alarm, 
till about Dec. 1817, when the notes be- 
gan to return back upon them in numbere. 
To obviatethis inconvenience, and tostave 
oil" for a time the storm which commenced, 
(no doubt sooner than they wished, but not 
sooner than they might have expected,) 
Mr Barry, on the 9th of December 1817, 
moved for leave to bring in a bill prolong- 
ing in effect the charter of that institution 
two years. This bill passed, as I have sta- 
ted, on the 19th of the same month. But 
suspicion was aroused, by the flowing in of 
the notes, till all hopes of saving longer the 
credit of the bank ceased; and about Ist 
February 1810, it exploded, without even 
leaving the books and papers to shew that 
which had been done by Prentiss and his 
associates, and not a cent to satisfy the 
flood of notes then hovering around the 
bank door for payment, the unfortunate 
holders of which had given full value for. 

On the 6th of December 1817, James 
Prentiss made to J. E. Pearson & als. a 
deed of trust to secure the payment of two 
notes of $20,00(} each; ono given to James 
Morrison and als. endorsed by T. G. Pren- 
tiss, \Vm. T. Barry and James Johnson; 
and the other given by said James and T.G. 
Prentiss, jointly, to said Morrison and als. 
one payable the 1st day of April, and the 
other the 1st day of May, 1818. 

While these things were going on in Ken- 
tucky, very considerable sums of money 
were by*some means, drawn by Prentiss and 
his associates from banks in Ohio and at St. 
Louis. The explosion of theLexington In- 
surance Company bank, it is presumed, ve- 
ry justly gave rise to some fears on the part 
of the St. Louis bank; and accordiog'Iy, it^ 



1^ 



Sigitnt, (Mr Smith perhaps) arrived in Lex- 
ington about the 12th of March 1818, for Uie 
purpose ofseeiDg Mr Prentiss and adjusting 
the accounts of that bank with him. A few 
days were spent in fruitless negotiation. — 
The agent determined to bring suits. Pren- 
tiss aware he was to be held to bail, and 
unable to give ihfi bail, determined to fly 
the country; and the evening preceding 
his elopement, as it is said, a meeting was 
held at Mr Barry's house, and a deed of 
trust was then, on the IGth of March 1818, 
executed by James Prentiss to said Barry, 
for every species of property he (Prentiss) 
possessed, to an immense amount, in Ken- 
tucky, Illinois, Indiana, Missouri, and else- 
ivhere; negroes. Merino sheep, ships at sea, 
credits, and claims throughout llie conli- 
joent nearly; the whole value not less than 
$200,000, as it is said by one who stales he 
had made inquiry into its value. This deed 
is said tp have been executed about mid- 
night, and the next morning (early Mr Pren- 
tiss was in Paris; and having tired his nag, 
he produced James Johnson's order, which 
he had procured for that purpose, to the 
keeper of his stage horses; he got a fresh 
horse, which he again renewed as often as 
he had occasion, till he bid deiiauce to his 
pursuers; — and while he is making tracks 
towards the land of notions, let us return 
to Mr Barry. He is said to be a lawyer ; 
and had, no doubt, the advice of other law- 
yers much abler than himself, that the deed 
«f trust so made to him by Prentiss, was 
both in law and in fact, fraudulent and void 
as to creditors and purciiasera; and that the 
whole or any part of it, in his hands, would 
be liable to execution. To avoid this state 
of things, he seems to have determined to 
sell the whole property, which he shortly 
thereafter did, and his friends the Messrs. 
Johnsons became the purchasers of all the 
real estate in Kentucky and the stock in 
the Insurance Company bank. The real es- 
tate to a great amount was struck off to 
the Messrs. Johnsons for a very trifling 
amount, who it is supposed, paid nothing for 
it. The deeds from Prentiss to Barry and 
from Barry to the Johnsons are recorded in 
Fayette county court clerk's office, to 
which reference is made. 

Having shewn great intercourse between 
William T. Barry and James Prentiss; that 
they were concerned together in large 
transactions, and for whom he, Barry, had 
incurred heavy responsibilities (for what 
reasons the public will judge) and having 
farther shewn that Mr Barry became the 
trustee of said Prentiss, who from the deed 
of trust must have left under his care, and 
at his disposal, an immense property, which 
Mr Barry has not yet accounted for, ajid 
cffirsfriiiftitlv km bef^onvE Lixibk to answer 



therefor to the credilors of said Proitiss; \ 
shall leave him for the present, and intro- 
duce to your notice his right-hand roan J as. 
Haggin, the second judge of the second 
court of appeals of Kentucky. 

I forbear noticing the iirst acts of Mi? 
Haggin's life after rising into manhood, in 
Mercer county, which probably occasion- 
ed him to leave there for Kaskaskia, where 
he is said to have remained some time, and 
to have thence returned to Mercer, with- 
out adding much weight of character to 
himself. It appears, that he was not with- 
out some 7ieed of relief while at Kaskaskia, 
as an unsatisfied judgment obtained against 
him by one Squires, followed him on his 
return to Mercer; and an action of debt 
being brought against him on said judg- 
ment, he pleaded in bar thereof, first, nil 
debit, and, secondly, nul tiel record: but 
the jury found against Mr Haggin. See 
2d Bibb, 334. 

Mr Haggin left Mercer and settled in 
Lexington perhaps about the years 1810 or 
'11, where he became acquainted with a 
certain David Williamson, who till after 
the late war had been one of the most ex- 
tensive manufacturers, merchants, land 
jobbers and house builders in the town of 
Lexington. It is said this man had by his 
great talent for trade, and industry and ar- 
rangement, risen from obscurity, and was 
worthy of a better fate than befell him. 

The great vicissitudes in trade occasioned 
by the breaking out and continuance of the 
war much embarrassed him, for he waa 
largely indebted; yet held an immense pro- 
perty, which he conceived far more than 
adequato to the payment of all his debts, 
and would leave him a handsome residue, 
if not unfortunately sacrificed. It is be- 
lieved that Williamson had no wish to de- 
fraud his creditors of the payment of their 
demands, but only wanted time to bring 
his property into market on the best 
terms, and to dispose of it to the best 
advantage. To quietsome of his creditors^ 
and to put his property out of the immedi- 
ate grasp of others, whose forbearance he 
feared to trust to, he bethought himself of 
the too common expedient of the day, to 
convey in trust his property. No doubt 
hut Mr Williamson had consulted with Mr 
Haggin on tlie subject, who it appears, 
with Thomas January, John W. Hunt and 
William Worsley, became his trustees. — 
The deed was executed the 27 th Dec. 1814 
acknowledged and recorded in the county 
court clerk's office of Fayette, the 6th of 
January 1815; and purports on its face to 
be for the purpose of securing the payments 
of the following demands, to wit; 



13 



1 Dotedue Samuel and Geovge 
Trotter of 1 1,606 00 

6 notes due by said Williamson 
to the iDsiirance Co Bank, and 
endorsed by George Norton, to 
am'l of 12,003 49 

3 bills due Trotter, Tilford and 
Scott, am't besides damages 3,500 00 

1 bill of exchange drawn in fa< 
Tourof said bank, and endorsed 
by said Norton 2,000 00 

] note due In. Co. endorsed by 
T. Pindell and Jas. Coleman 4,000 00 

1 do. do. endorsed by J- H. 
Morton and A. Legrand 3,000 00 

1 do. do. endorsed by R. 
Higgins and others 5,000 00 

3 do. Lex. Br. B. Ky. en- 
dorsed by Geo. Norton 4,252 18 

I bill transferred to Br. B. Ky. 
under protest, and endorsed by 
said Norton 3,000,00 

I note in the hands of Ellis and 
als. endorsed by G. Norton 3,000 00 

1 note in favour of W. Robards, , 
endorsed by G. Norton 1,600 30 

1 do. do. W.McBean, en- 
dorsed by G. Norton 230 00 

1 do. do. John Crozier, ne- 
gotiable in Br. B. Ky. endorsed 
by T. Pindell, D. Todd,R. Mc- 
Gowan and M. Fishel . 2,632 00 

1 note due Br. B. Ky. endors- 
ed by J. H. Morton, said Nor- 
ton and others 5,000 00 

1 noteof John Pollard, endors- 
ed by M. Fishel &c. 4,000 00 
1 do. Pollard Keen 4,400 00 
1 do. John Lewis 3,300 00 
1 do. Thomas Pindell 5,478 T2 
1 note due George Norton, for 
money lent 2,160 00 

1 do. John Tilford of $179 
12, and one due Rt. Dudley & Co. 
of $75, 254 12 

1 note due same and Taylor of 
$150, and one due J. Todd of 
$80, 230 00 



Afliount, $69,646 51 

The articles of property conveyed in 
trust are as follows, and it is considered 
that in 1814 and '15 would have sold for 
the annexed prices: 

100 acres of land near Lexing- 
ton, on the Limestone road, at 
$30 per acre $3,000 00 

186 acres of land do. do. $30 
per acre 5,580 00 

6 1-2 do. in two lots near 
Hy's mill road 250 00 

1 lot on McBean's street, io 
I^exington 200 00 



2 lots on Limestone and Brad- 
ford's st's. each 1 1-2 acres l.tJOO 00 

1 bouse and lot in Poplar Row, 
where U. S. B. B. is kept 8,000 00 

1 do. do. on Main st. where 
W. Worsley occupies 12,000 00 

1 lot opposite the Seminary 160 00 

1 acre lot in Fowler's Or- 
chard 60 00 

21 acres in the town of Nicho- 
lasville 630 00 

1 lot do. do. do. 50 00 

All the personal estate of Wil- 
liamson on Lis farm, consisting of 
horses, cows, sheep, hogs &c. 1,000 00 

All his the said Williamson's 
interest in the firm of William- 
son and McKinney 

Also a sideboard, bureau, 
mantle clock, looking glasses, 
paintings, prints and books, bed- 
ding 2,000 00 

Negro boy, Henry, 16 years 
old, $450; girl. Docia, $400 850 00 

Also 74822 1-2 yds. bagging, 
at 34 cts. per yard 24,707 34 

40229 wt. bale rope, 10 cts. 
per lb. 4,022 90 

23709 wt. spun yarn, 8 cts. 
per-lb. 1,896 72 

1025 barrels of flour, at $4 50 
per bbl. 4,612 50 

82820 gal. whiskey, 50 cts, (it 
commanded'in N. O. 75 cts.) 41,410 00 

6900 lbs. gunpowder, at 62 1-2 
cts. perlb. 4,315 00 

815 gals, cider oil. at 50 cts. 407 50 
130 yds. tow linen, at 25 cts. 32 50 

Likewise 10,040 yds cotton 
bagging, at 34 cts. 3,340 66 

9000 lb. bale rope, at Natch- 
ez at lOcts. 900 00 

And 300 pieces of bagging, 
making 15000 yards, consigned 
to Alex. McKinzie of Augusta, 
at 62 1-2 cts. 10,250 00 



Amounting to $130,270 92 

The amount of debts se- 
cured to be paid 69,646 51 

Leaving a balance of $60,624 41 

Whether these prices are too high or not, 
it is for those more conversant in the sales 
of such articles to say. I have had some 
knowledge from experience of this kind, 
and believe I have under instead of over ra- 
ted them. The article of whiskey was 
well known to be higher then, on account 
of the duties on distillation and the little 
quantity made in consequence thereof 

It will also beseen that I have notexten- 
ded any sum for the value of Williamson's 
interest in the firm of WillJanreon and Mo- 



14 



Kinnej', having no data lobe governed by. 
AlUioiigh there were others associated 
with Mr ITnggin ia Ibis deed of trust from 
^iliiamsori, Haggin was considered the 
principal, perhaps the only actor — the 
other associates merely affording their 
weight of character, as old citizens of L«x- 
ington, to inspire confidence in his credit- 
ors. Mr Ilaggin was a lawyer, he was to 
attend to that dopartment of the business 
as weU as to superintend tlie trnst The 
others were mere merchants. The deed is 
said to liave been written also by Mr Hag- 
gin, and caused to he ackaowledged and 
duly recorded. It is also sa'd to hnve been 
the underbtanding on the part of William- 
son, that although he executed 'he deed 
aforesaid, yet ho was to remain in the pos- 
session of the property, and to manage it. 
Under this view of the subject, Williamson 
issaid to have descended tl;e river to New- 
Orleans, with powers to act for the trus- 
tees , and for some cause not no»v known, 
after he had been there sometime, he was 
recalled and his powers revoked. He is 
eaid then to have come out with the scheme 
of a lottery; by wliich he propcsad to dis- 
pose of by way of a lottery his real es- 
tate, being \\tc F.ame conveyed to Mr Hag- 
gin and others, his tnisiees. Haggin per- 
mitted Williamson to draw up a plan for a 
lottery of the property ; to publicly adver- 
tise it in most of the newspapers of the 
fctate; to sell with his knowledge and con- 
nivance, a large amount of tickets, (by some 
it is said to the amount of $70,000 or 80,- 
000.) What became of the procaeds of 
sale of the tickets I know cot, and pre- 
sume the public will never know. Whan 
Mr Samuel Trotter, a respectable mer- 
chant of Lexington, was about to make 
known in a public manner, that William- 
son's property was incumbered by the deed 
of trust to Haggin and others, and tliat he, 
Trotter, held a lien on a part of it, Mr 
}laggin induced him to desist, upon assur- 
ances that if he would do so, that he, Hag- 
gin, would see his, Trotter's, demand paid. 
Mr Trotter bping thus silenced, Mr Wil- 
liamson was permitted to progress with his 
lottery, until it was found, that in this 
Kay all was drawn that could be drawn, 
from a credulous community. That lotte- 
ry is at length drawn ; and Mr Haggin has 
uot the presence of mind about him, to 
caution the deluded votaries of fortune, 
that he as trusitce \vith others, held a deed 
fjr all the prize property. The surronnd- 
iiig couolry was agitatnd witJi the good and 
l>ad fortunes of the adventurers in William- 
son's lottery. But Mr Haggin — jes, Mr 
Haggin, knew that Williamson's tottery 
Was fof bidden by law. At a convenient lime 
he caused to be sold under his authority, as 



trustee, the whole of Williamson's real es- 
tate, over the heads of the fortunate tick-* 
et holders, and had it bid off by Thomas G^ 
Prentiss, the brother of the aforesaid James 
Premiss, and the Zas< President of the ri- 
fled Insurance Company bank. The In- 
surance Company bank was one among a 
number of creditors of Williamson : Pren- 
tiss had nothing to pay for ths property, as 
purchaser, and it is believed in fact, paid 
not a farthing. 

In order that this real estate might be 
bought for tie least price, the convenient 
time pitched on was about the 6th and 3th 
of January 1818, when the credit of the 
Insurance Company was breathing its last 
and its paper not estimated at ten cents in 
the dollar — which Mr Haggin knew could 
be passed off in discharge of the debt due 
that bank at par. But this is not all. The 
speculation was to be increased, by giving^ 
notice to the purchasers, and bidders, that 
they must risk the claim of others, to the 
properly. In consequence of this notice 
other bidders were deterred. Andt)€tween 
the influence of the claim under the deed of 
trust, and those of the lottery ticket hold- 
ers, the real estate, which according to 
the estimate here exhibited was worth $30,- 
850, was sold for $10,125. 

Although this property is returned tn a 
report drawn up in Mr Plaggin's own band 
writing, as the trustee who superintended 
the sale, and shewing that Thomas G. 
Prentiss was the person who bid it off; yet ' 
somehow or other, but not told, he became 
the owner of said property ; having by some 
means obtained the concurrenc«of his oth- 
er trustees, to join in giving evidence of 
the piircha»e by Prentiss. But it is believed 
and hoped, that the other trustees were 
wholly ignorant of the designs of Haggin, 
iu causing in this way, such a sacrifice of 
Williamson's estate. 

Col. Philip White, late of Franklin coun- 
ty, but now deceased, was the purchaser 
of a ticket in said Williamson's lottery, 
which drew a prize rated at $16,000. It 
consisted of the farm of 186 acres of land 
aforementioned and the improvements 
thereon. The title to this tract, it appears 
had not passed from Lewis Saunders, of 
v/hom Williamson had purchased, whea 
the lottery was drawn. Williamson or 
White, however, paid a small balance due 
Saunders thereafter, and procured a deed 
immediately from Saunders, to said White. 
After Ilaggin had procured a title to be 
made to T. G. Prentiss, as purchaser of the 
I cal estate aforementioned, it seems he, 
Prentiss, like bis brother James, also 
escaped from the State. To get tbe 
property which White had drawn as his 
prize, a suit in chancery was co^men^ 



iS 



ced m the name of said Prentiss, in the 
Fayette Circuit Court, and carried oa by 
Mrllaggiu; but, it is said, without the 
knowledge of Prentiss. And what is more 
this suit presented the singular circuin- 
etaace of James Haggin as attorney for 
Thomas G. Prentiss suing James Haggin 
as trustee & als; in which Mr James 
llaggin writes the complainant's bill, 
and draws his and his co-trustees' answers. 
But Cok. WJiite did not clioose that Mr 
Haggin should act as his lawyer also, hut 
gets his lawyer to file a cross bill, with 
some hard questions for Mr Haggin to an- 
swer ; in doing which, Mr Haggin disclo- 
ses the fact, that he is the real owner, and 
not T. G. Prentits, of the claim to the pro- 
perty sued for. Mr Haggin now claimed 
all Williamson's real estate whatever, ex- 
cept a splendid mansion, which in the turn 
of affairs was then, somehow, in the pos- 
session of, and claimed by his particular 
friend and now associate, in the 2d court 
of appeals, Chief Justice Barry. These 
precious facts I have said were extorted 
I'rom the mouth of Haggin himself, by a 
cross bill filed in said suit with White, and 
exceptions to Haggio's answers. I say an- 
swerS, for it appears to have taken Mr 
Haggin several efforts to answer this cross 
foiM; and beseems very cautiously to have 
written with his own band the answers of 
his co-trustees. It was alleged that Mr 
Ilaggio had paid notiiing for the property ; 
and he confessed, that he had paid nothing 
but some Ic'urance Company bank notes. 
But to whom he paid them, and at what time 
he paid them he took care to keep to himself. 
On this state of the case the cause was 
tried before Judge Bledsoe. He decreed 
that Mr Haggin should recover the proper- 
ty in contest, and that White should ac- 
count for rents, waste &c. to Mr Haggin. 
From this decree White's heirs appealed. 
At the May term 1824, at the particular 
instance of Mr Humphreys, the attorney 
and brother-in-law of Haggin, and perhaps 
also of tha counsel on the other side, the 
suit wts taken up out of its ordinary term, 
argued, and decided by the court against 
Mr Haggin. 

In this decision the court decided that 
Mr Haggin liad conducted himself iniuch 
a manner, as to deprive him of a claim to 
the property, even against a defendant who 
had drawn it in a lottery forbidden by law; 
and upon the principle that he who comes 
into a court of equity must come with clean 
bands, that Mr Haggin had dirtied his 
fingers with the trust estate, contrary to 
every principle of law and justice. 

The court did more. They pronounced 
the law to be — '*Uiatlhc trustees ictrc l/ie 
agents of the creditors, and the latter arc 



bound by their acts: aud if the eredilort Uact 
lost thut fund by the improper actn »f tA« 
trustees, the trustees arc responsible to them 
for the loss. It may be said, that Prentiss 
in this case is first a creditor, and aVao a 
purchaser from the trustees, and as such 
be cannot he affected by their acts. We 
answer, that Prentiss by his purchase 
could only acquire an equity under the 
trustees, and claims through and under 
the.Ti; and he cannot possess a better title 
than they held, which was an equity only. 
And if that equity was previously violated 
or destroyed by the improper acts of the 
trustees, he must abide t)y it. At the time 
of bis purchase, he or rather his represen- 
tatives, can have their appropriate redress. 
Indeed in this case, il does not appear 
tiiat he has yet paid to the creditors the 
amount of his purchase. But if he has, 
and he was innocent of the imposition ou 
the public, he is not remediless.'' 

These } rinciples shook to the foundation 
the hwpcs of Mr Haggin, Mr Barry aud o- 
thars, who were not only jointly or several- 
ly in possession of splendid estates covered 
by mortgages and deeds of trust, or other- 
wise secured from creditors, but it direct- 
ly opened the door for Prentiss's and Wil- 
liamson's creditors, to pursue Mr Barry and 
Haggin, as trustees, and to inquire into 
the tenure by which Mr Mason and the 
Messrs. Johnsons held, or claimed the 
greater part of tlie Prentiss's estate. Mr 
Haggin, with his speculations in William- 
son's estate, was rich: without it, his 
prospects to pay his debts it is believed, 
were hopeless. If the affair of Prentiss's 
deed of trust were examined into and set- 
tled by the rules of the decision of Pren- 
tiss's lieirs vs. White, Mr Barry might be 
placed also in a desparing, if not hopelftss 
condition. 

What is to be done 3 Where is the reme- 
dy for them "? No hopes of the court's chang- 
ing their opinion, becausethey had only pro- 
nounced that to be law. which had forages 
been so pronounced. What then is to be 
done to be saved .' The judges must go out 
ofofEce, by some means — and to prevent 
this decision of the court becoming final, 
the services of Mr Clay were engaged, 
who filed a petition for rehearing, on the 
part of Mr Haggin, ci the last day of the 
term, on which the court ordered that the 
opinion it had delivered should be suspend- 
ed, and the case to be re-argued at the 
next term. 

If any one doubts what I have stated, let 
him apply for the record of Prentiss &,c. vs. 
White's heirs, now depending before their 
lionors Barry and Haggin. It is under 
their controul I presume, although it could 
not some days past, as ! am informed, be 



le 



found by ttieir clerk. 1%k amon^ other 
precious records, were violently and forci- 
bly torn from me, by the hand of combined 
. usurped power. If, however, this record 
should be wisely out of view, the originals 
may be seen in Fayette Circuit Court of- 
fice, where I have lately read them, And 
unless my judgment he incapable of com- 
prehending the subject, it will be found 
that I have not misstated facts. As to the 
qecision of the court of appeals in May 
1824, I have been so fortunate as to pre- 
serve a copy. In this record, the reader 
will find other matters highly worthy his 
examination, detailed in the cause. 

It is said that Mr Haggin has sold, or en- 
joys the whole of the unfortunate William- 
son's properly, except the mansion allowed 
to Mr Barry. This house and lot was 
stricken off to Thos. G. Prentiss, as I have 
before stated, at a sacrifice, for $600; how 
Mr Barry got it and what he gave for it, he 
best knows; but he parted with it to the 
bank of the United States, at the price of 
$6000. For the farm claimed by White's 
lieirs, and a large brick bouse claimed by 
Trotter, Mr Haggin brought suits. One 
of which you see is depending before their 
Ijonours, and the other before Judge Bled- 
soe, now in the Fayette circuit court. 

There is another branch of Mr Haggin's 
conduct towards the unfortunate William- 
son's family, not yet detailed. After Wil- 
liamson's property had been disposed of by 
his trustee, Mr Haggin, finding himself ru- 
ined, Williamson became addicted to in- 
temperance, and thereby destroyed him- 
celf; but was heard to express himself 
(when speaking of the abnse of his misplac- 
ed confidence, and the tears of distress 
trickling down his furrowed cheeks,) " I 
am stript of my property, robbed of my re- 
putation, and cast out upon the world a 
beggar." 

He left a wife of very delicate health, 
who can neither read nor write, as it is 
said, with a family of helpless children, 
without a house and almost destitute of 
food and clothing. There was still how- 
ever a property, which the laws of her 
country had preserved for Mrs. William- 
son. Her husband had been vested, in 
the course of his business, with large and 
valuable real estates, the dower in which 
she had never relinquished; the proceeds 
of which might have been to her and her 
children a competent support, a.nd fur- 
nished the means of educating her chil- 
dren. — Mr Haggin knew the extent of this 
dower property; lie knew its value, for 
who could know it better] Mr Haggin 
knew also, her distresses and her ip:norance 
of the value of her dower. He applies to 
and buys it from her. And on the 24(.h of 



Sept. 1620, Cijvenants by a aioguiar itt" 
strument drawn by bimsalf, to purchase for 
Mrs. Williamson, a house and lot in Yer-^ 
sailles, of the value of $1000, and says, "un- 
til I shall make such purchase, in which I 
am not to be hastened, 1 covenant to fur- 
nish her a dwelling in that town, about 
that value at my own costs and charges. 
And I do moreover covenant if I shall final- 
ly succeed in recovering the two tracts of 
land on the head waters of Cane Kun, near 
the town of Lexington, containing about 
280 acres, being the same embraced by a 
deed of trust from David Williamson, dec'd. 
to John W. Hunt, Thos. January, Wm. W. 
Worsley and myself, as trustees, I will in 
six months thereafter pay to said Susan- 
nah (Mrs. Williamson,) the sum of $1000, 
in personal property. The estate in each 
case to be estimated at its common tra- 
ding rates." 

Mrs. Williamson, once enjoying afflu- 
ence, inhaKiting stately and costly buil- 
dings, witti well furnished apartments, is 
now found houseless and overwhelmed with 
distress, 7'o get a shelter for herself and 
helpless family, and the support she might 
draw from the $1000 of personal property, 
agrees to part with her dower; but, little 
did she suppose, th«t in doing so, she was 
to be paid with such an instrument, as re- 
cited above; she did not know that the 
words "in which I am not to be hastened," 
gave to Mr Haggin his life time to fulfil his 
covenant; but Mr Haggin was more of the 
lawyer; he did so understand it. — He nei- 
ther hnilds the house nor pays the personal 
property. After a lapse of two and a half 
years, Mrs. Williamson sues Mr Haggin, 
in the Woodford circuit court, gets a judg- 
ment for $1020 damages, besides costs. 
Mr Haggin moves for a new trial, it is gran- 
ted, and at the next court another jury 
finds a verdict in her favor far $1030 dama- 
ges, besides costs. Mr Haggin is not wil- 
ling yet, to abide by the verdict of the jury; 
but takes out a copy ef the record and pro- 
ceedings ofsaid suit, applies and obtains a 
supersedeas from the appellate court; and 
now has this cause also before him and his 
brethren. Reader, if you doubt these facts 
read the record referred to, and see this un- 
fortunate female herself. I am told she is 
now living upon the charity of her brother- 
in-law, RobertKincaid, the jailor of Wood- 
ford county; who, no doubt, extends, with 
cheerful liberality, his little pittance 
towards her support; but he himself is poor, 
and has a large family to support. In this 
situation, she is dragged by Mr Haggin, 
brfore himself and his associates, an hum- 
ble needy individual, without influential 
friends or connections, and without mon- 
ey to pay lawyers who may stand as porter? 



i: 



4 J the gaiea ot* jusUce al'oresaid, or the 
clerk for his increased fees. And, after 
alt, bet cause, under this Barry court law 
may never be tried; forinthisextraordina- 
ry la«r, (see sect. 14, p. 48,) there is a pro- 
vision that two judges cannot act without 
the consent of the parties. This provision 
was probably not inserted without its in< 
tended purposes. It will be remembered, 
that this bill was not drawn by a member of 
the legislature, but by Mr Bibb an experi- 
enced lawyer. It was a piece of machinery, 
consplicated in its nature, consisting of ma- 
ny parts, and best understood by the mas< 
ter workman, by whom it is cut out and 
put together, not co be touched by the 
hand of the junior apprentices. Hence, 
the necessity of caucussing on this bill, and 
of binding the junior apprentices to "go the 
hog" with them in preventing any amend' 
merit whatever to said bill. To have al- 
tered any part of this wonderful piece of 
mechanism, might hare so deranged the 
views of its builders as to render it useless 
to them, or some one of them; and if all 
could not be provided for, the disappointed 
might frustrate the whole design. It may 
therefore have been, that Mr Barry, Mr 
Hagg^in and others intended by this provis- 
ion, to prevent decisions from being ren- 
dered in cases of their own, arising out of 
the deeds of trust aforesaid, unless they 
choose to declare that one or both were 
not interested. Where Mr Haggin is the 
nominal party, Mr Barry may say, he has 
no direct interest; and so, where Mr Bar- 
ry is such.- but when these gentlemen are 
sued, may not delicacy to sit, in every case 
prevent a triaH The same section has 
other provisions well calculated, with the 
aid of a dexterous judge, to procrastinate, 
if not entirely to prevent the trial of all ca- 
ses he may choose to operate on. But to 
follow this law through, and point out its 
effect, would lead me beyond my present 
design. One thing I am well assured of, 
that no one yet has considered its full bear- 
ing; and that the oftener it is read, with 
an eye to the circumstances which gave 
rise to it, and which may hereafter trans- 
pire, the more he will think with me, that 
it is one grand design to frustrate jflsthre 
and shield the guilty. 

That Mr Barry and Mr Ilaggin had oth- 
er motives, beyond the influence of the 
$2000 salary, and that of patriotism, ought 
not to be doubted. We, who know the 
habits ofthose men, know that they set a 
high value upon their labour, and tax full 
well for what time they spend in the ser- 
vice of others. The labor of the profes- 
sion was irksome to them: and they char- 
ged well, it is believed, the client that em- 
ployed them. They were 36 little attach- 



ed to labor as any men should be to live 
by it; although it is probable, their receipt^ 
for professional services per year, exceed- 
ed $2090. It is thought by some that had 
it not been for protecting Ibemaelves, from 
the decisions of the constitutional court, 
against deeds of trust, trustees, and mort- 
gages without consideration, these gen- 
tlemen would never have sought the in- 
tense labours that devolve upon a judge of 
the court of appeals. Indeed, it is believ- 
ed, that as soon as they can have put those 
causes, as well as others, in which they 
have large contingencies depending, and 
to depend, before themselves, in a state of 
safety, that they intend resigning and go- 
ing back to A)« har. 

There is one more transaction relating 
to the Insurance Co. bank, in which Mr 
Haggin and Mr Barry have been concern- 
ed. I will state facts, and let the public 
draw its conclusions. 

On the 4th of April 1818, James Haggin 
filed his declaration in an action of debt: 
and a writ issued against the President Di- 
rectors & Co. of the Lexington Insurance 
Company. The action was founded, as 
specified, on thirty notes of $100 each, is- 
sued by that bank, and some as late as 
April 1817. The writ was executed in 
part, and a distringas was then issued and 
levied on the banking house; and there 
being no appearance entered on the part 
ofthe bank, the suit was continued over 
till Sept. 1819, when Mr Barry entered 
his appearance, and filed the plea of nil 
debit. The issue being made up, the suit 
was tried, and judgment rendered in favor 
of Mrllaggin for $3000; the debt in decla- 
ration mentioned, and $410, in damages. 
On which execution issued October 1819, 
and was levied on the banking house and 
furniture; which was sold for $2045 91, 
and bought in by Mr Haggin, if I recollect 
right. Is it not mysterious, in the con- 
duct of Mr Haggin, that he, living in 
Lexington, where the Insurance Compa- 
ny bank was, and not ignorant of its la- 
bouring and expiring condition from Dec. 
1817, to Feb. 1818, when it exploded; that 
he, [Mr Haggin,] should have had $3000, 
of its paper, and all in $100 notes too, be 
still with them in Lis pocket till April 1818, 
and then sue the company without applyinfj 
for the payment of the notes at the bank'f 
It seems equally strange, how Mr Haggin, 
who about that time built a palace in Lex- 
ington and complained ofthe want of mon- 
ey, was able to lay by such a sum, But 
perhaps, the following extract of » ietter 
from Col. B. M. Johnson co <J!en. Green 
Clay, dated 21st of Sep. 1819, will throw , 
more light upon the subject: / 



('. 



*'Ycii can have the Insurance Office at 



is 



§id,Oj|ji^, ^vhicii is dxea'p" a't ttiat price,) 
the title lo be undoubted, and any collat- 
eral Beclirity that you may demand. Hag- 
^n will join in the deed. As to the pay- 
ment of the overplus, I have do objection 
to anytime you might require: but Haggin 
h conceroed to amount of one fourth; but 
I hope ve \Eill have no difficulty as to that 
point." 

Thus went the last remnant of the In- 
surance campany bank; and the holders 
of the three tenths of the shares (hereof 
were left without any thing. On the 1st 
i)f Jan. I8l7, this bank is worth from 130 
to 140 dollars per share, with about 50,000 
dollare of specie on hand, and in good 
credit. On the let Feb. 1818, it is burs- 
ted, and not only stript of its cash, its bills 
i'>eceivable, but every book that would ex- 
^>l?in the transactions of the Prentiss' ad- 
ministration, leaving an immense amount 
of unpaid notes, due by the bank, not of 
any value. In March, Prentiss decamps; 
■siiortly afterwards Mr Barry, under his 
deed of trust and power of attorney which 
accompanied it, parts with the real, estate, 
and, it is said, the seven tentlis of the shares 
of the Insurance Company bank, to Messrs.. 
.Tohnsons. In April, Mr Haggin brings 
liis suit against the bank which nobody 
thinks proper to defend till Sept. 1810, 
Avhen Mr Barry files the plea aforesaid; 
the judgment is obtained, and the last ves- 
tige of property belonging to the company 
is sold. And who can tell how'thecash, 
the bills receivable, the stock and proper- 
ly of the Insurance Company bank, were 
tlisposed of. better than Mr Barry and Mr 
Haggin? But who will satisfy the unpaid 
notes which were so unjustly palmed upon a 
credulous public, without an intention of 
paying them when they were issued? 

Of Mr John Trimble, the third judge of 
(he second court of appeals, I mean to say 
but little. He is the Judge whom his ex- 
cellency would have on the bench, as I was 
informed and believe, no matter who else 
went without a judgeship. And the man 
with the big cane, must be kept in a good 
humour, or the fat would all have been 
spilt in the fire. Butfor these reasons, Mr 
Trimble would have probably been left to 
ride his circuit. Mr Trimble has been 
either improvident or unfortunate, for it 
is very certain he has mortgaged all his 
property, not omitting his carpels, two 
cows, and a sow and pigs, to secure the 
payment of some of his debts, and, prob- 
ably to keep from the payment of others; 
as may he seen by reference to the county 
court clerk s u^ce of Harrison county, 
where two mortgages are recorded. Both 
mortgages l^ear date the 24th of May 1824, 
^ad cover in part the same property. One 



of theOi tras executed andrcjcorded WiW-' 
out the knowledge of the mortgagees^ 
three in number. To one be owed 12 
dollars, and to another 30 dollars, in com- 
monwealth's paper, to the third, Mr Kea- 
dall, he owed the balance of about74 dol> 
lars, of a note given for 110 dollars in spe- 
cie. On this note Mr Kendall has brought 
suit in the Harrison circuit court, and his 
honour has filed a plea of payment, not- 
withstanding he had executed said mort- 
gage to secure the payment of said debt, 
a balance whereof is acknowledged in said 
mortgage to be due. Yet he now corner 
into court, and by his plea denies that any 
thing is due to said Kendall, although no 
payment is alleged by him to have been 
made since the date of said mortgage. It 
seems tome, that his honour has in his bu- 
siness gotten akinkin his head, and that it 
may require the aid of his brethren of the 
bench to get it out for him. Mr Trimble 
tried the practice of the law with but 
poor success, and always stood at the tail 
end of the bar, in every court, county or 
circuit, be attempted to practice in. Yet, 
he was appointed a circuit judge, like 
others because he could not get along by 
the practice. When be was in nomination 
before the senatefora judge of the circuit 
court, the senate rejected him upon the 
ground of his supposed insanity. But, up* 
on a motion to reconsider his nomination^ 
and upon proof that his apparant derange- 
ment might have arisen from fever or in- 
temperance, they finally passed his nomi- 
nation; but met with great opposition.— 
And it is still remains a doubt with many 
who practice before him, whether he was or 
was not subject to partialderangement. Per- 
haps this idea may have been strengthen- 
ed from the singularity of the roan, in 
keeping his bead constantly shaved. It is 
said Mr Trimble turned speculator some 
time past, and has involved himself so 
much in debt, as to be afraid to leave un- 
covered any property he owns. I was pre- 
sent in the Bank of Kentucky, when a 
check of that gentleman of 6 1-4 cents 
was produced, and the cashier examin- 
ed, but no funds were there of his, to 
meet the check. I have also to lament 
his honour's shortness of memory; for in 
182 — he was good enough to promise me to 
take with him to Harrison county, my fees 
of the preceding year, and to procure the 
sheriff's receipt for them for me. The bills 

to the amount of dollars were given 

him, but what his honour did with them he 
cannot recollect. One of the persons a- 
R-ainst whom one of the bills were issued, 
has since informed me that he paid the bill 
against him to a Mr Samuel Hall, a consta- 
ble of said county; but I have nothing to 
ehow how Hall got them. 



i9 



Of the 4tli judge I shall say nothing far- 
ther than that I am sorry to see him in sucli 
uofortuoate company, and enlisted in so 
bada cause. It is with Lim, and those 
who knovr him better than I do, lo settle 
the propriety of his couduct, and his fitness, 
for the station he fills. 

And, before I speak further of the means 
by which Mr Barry has obtained thesta- 
tion he fills, may I not appeal to you, fellow 
citizens, of every class and g-rade of talent, 
of all parties, who have the good of your 
country at heart, to pause and ponder upon 
the court the last legislature has given us. 
It has been the object of all wise legisla- 
tures, both in England and America, to put 
a stop to those deeds of trust and fraudu- 
lent conveyances, by which men cover 
their estates from their creditors. We 
have statute upon statute against the prac 



duous war, to pas5 a law giving' the 
defend&Dt twelve months replevin, if 
the plainti/Twould not take Kentucky bank 
notes, or treasury bills. Nor could Mr 
Barry swallow the constitution in 1817, 
although the paper was nearly equal to 
gold and silver. But in 1819, after he bad 
been dismissed from the directory of the 
branch bank' of the United States, then 
circumstances altered cases with this gen- 
tleman. He has now no qualms of con- 
science; but, with his compeer John Row- 
an, comes out the champion of relief, and 
votes for a two years replevin, &.c. In 181" 
it was presumption, daring presumption, 
in Kentucky to attempt to tax the bank; 
in 1C14 and 1817 she could not aid thepoor 
nor the distressed after the war; but, in 
1819, when Mr Barry's precious self, and 
his associates, had been bid to quit the bank 



tice;and yet, to render these statutes dead of the United States, loaded with naoun- 

tains of debts, created for high living, ex"- 
travagance and speculation, all things then 
become changed, and this gentleman be- 
comes the championof state rights, and as- 
sists in bringing infamy on the characters 
of men, by connecting their names with 
the odium which is now heaped upon that 
bank. Yes, by attempting to render odi- 
ous men who never had dealings with 
these banks, in aoy shape, while he, "good 
easy man," had sipped so freely of their 
honey, till his wings were unable to bear 
him off safely. 

If Mr Barry and his associates, be dis- 
satisfied with this expose, let them take it 
as the consequence of their own acts. — 
Even worms will turn when trodden on. — 
But can Mr Barry complaint he who to 
gain a seat on the bench of the court of 
appeals, trampled the constitution under 
foot, deceived the people by erroneous 
publications, then intrigued and caucused 
with the legislature until he effected hia 
object! The time was when a man would 
be disgraced who would solicit the office of 
judge, much less resort to the means Mi- 
Barry has done to obtain a seat in your 
court of appeals. Delicacy ought, under 
the circumstances, to have excluded him. 
But no; after aiding in persecuting the old 



letters, to countenance, nay, to encourage 
this practice, men wha have not only cov- 
ered their own estates, but who cover im- 
mense estates for others, are made the judg- 
es in your court of the last resort. 

I do not mean to insult the unfortunate 
debtors. I am one myself. I admit that 
there are many good men who are in debt, 
and unable to pay their debts. I do not 
mean to revile speculators, for a man may 
be honourable and Jbe a speculator. But I 
appeal to all honest upright men, to say, 
whether our court of the last resort should 
be composed of broken speculators, or men 
who have their estates wrapt in mortgages, 
and placed beyond the reach of law 
when administered by themselves 1 Give 
lis men for this court, out of debt, whose 
characters, as honest men. stand fair, no 
matter who they be if they be legally quali- 
fied for the duties of the office. In the de^ 
ciiions of such men, we would confide, for 
they having property and character to lose, 
as well as the compensation and honour of 
office; would find it their interest as well as 
their inclination to do right. They would 
render justice to the weak as well as 
strong ; to the ignorant as well as wise: 
to the poor and humble, as well as to the 
rich and exalted; theyMvould regard, xvith 



an even eye of justice, the case of all, judges from office, after persuading the 



without respect to the counsel concernedl, 
and appreciate the value of the arguments 
of the counsel for each side. There would 
be no seeking forlawyers who have the ea r 
of the court, or favourite minions of their 
honours, in preference to other counsel. — 
Merit, and not trick and intrigue, would 
prevail. 

But to return to Mr Barry. That gen- 
tleman, and his friend Mr Rowan, did 
not think that it was constitutional in 181 1, 
when we were in the midst of an ai- 



legislature to violate the constitution, he, 
wilh astonishing boldness, proclaims him- 
self your chief justice with $2000 a year; 
and uow all the means in his power are 
employed to deceive and mislead the people 
into a belief, that the change of judges has 
been eftected by no violation^of your con- 
stitution! Letters are written by himself 
and his associates, as well as the man of the 
big cane so skilled to ruU: over the state, 
praising former legislators, advising and 
directing the bringing out of meri on lh\»ir 



m 



aide. These letters iVoni (.he chieijiistice, 
and chief magistrate, are shewn as make 
weights in the electioneering campaign, 
to such persons who think that a chief jus- 
tice and a chief magistrate are more than 
inen. The supreme executive, and his 
supreme judicial power, are busily engag- 
ed to make the people believe impossibili- 
ties; that the salaries of the old judges were 
too high at $1500 per annum, and that 
they deserved nothing; but that the new 
judges are cheap at $2000, because they 
will do as the legislature shalldirect them, 
so long as their pay is agreeable! and all 
who write or speak against these bumble 
servants of the supreme judiciary and ex- 
ecutive will, aredeoounced as enemies to 
the people, and threatened witli execu- 
tive and judicial proscription; while on the 
other side of the question, the constitution 
breakers are beating* up for volunleers, 
and may have the promise of the spoils of 
the treasury, executive patronage, and 
Judicial favours. To all who may accept 
the bounty, office and honours may await; 
but to those who love constitutional gov- 
ernment more than executive smiles or ju- 
tlicial favours, pains and penalties are 
pronounced against them. If there be 
any among you who would be a bondsman, 
let him court the rewards and receive the 
offered bounty; him have I offended. But 
if there be among you, as 1 am confident 
there are, men who would scorn to sell 
their birth-rights for such meagre pottage, 
they will consider of these things, and do 
their duty at the polls in August next. 

I fear I tire the patience of the reader; 
but he will please to bear with mo a little 
longer, while I relate some more of the 
conduct of these judges of the 2d court of 
appeals. 

We have seen Mr Barry, while acting 
as a senator of the state of Kentucky, and 
placed by his constiuenls as protector of 
their and the state's rights, leaving his 
genr.torial seat above and descending to 
tlic lower department of the capitol, to 
plead the causa of the United Slates' bank, 
for a fee of $500 in specie; and, at the 
same tine, dras^ingfrom the treasury of 
the state, wliich he as senator was bound 
lo defend the rights of, tyvo dollars 
for ills daily pay, to set aside a law 
whiclb a large majoriiij of the legislature 
of the stale had passed. We shall now 
exhibit him on another theatre, equally, 
if not n\()re degrading to the character 
lie would assume. It is this. Since he 
Jias been nominated, approved and com- 
missioned as a chief justice of the court of 
appeals, he has been seen the hired advo- 
cate of the executive to defend his son. on 
f c^iar^e for highway robbery and muider. 



Instead of holding his court according to 
his own appointment ; instead of adminis- 
tering justice in the high tribunal he aspir- 
ed to, behold him! the dexterous lawyer, 
playing off all his fantastic acts of chicanery, 
with his compeer, Mr Rowan, to arrest the 
arm of violated justice ! 

The plea this gentleman makes, is, that 
he had taken his commission, but bad not 
sworn to it. But did he not intend to take 
the oath ] Had he not agreeably to hia 
construction of things, divested the state 
of a chief justice, ousting J ndge Boyle, and 
ejecting the rest of the judges? His next 
plea was, that he had agreed to appear for 
ihe Governor's son, before he was made 
judge : but was he not in expectation of re- 
ceiving that appointment f It is well re- 
collecjted with what vigour he joined in the 
censure upon Judge Mills, for entering the 
court house, to instruct another lawyer how 
to manage suits he had been employed in, 
prior to his appointment as a judge in 1819. 
Yet, after all his ranting and foaming in 
the Senate, against Judge Mills, for the 
above named offence, Mr Barry very de- 
liberately and boldly parades to Cynthiana, 
with his commission in his pocket, and 
stoops f.oai the lofty height of Chief Jus- 
tice, to that of a Newgate Solicitor, in fa- 
vour of one charged with, and believed by 
many to be guilty of, the most horrid mur- 
der. It has been detailed to you how this 
matter progressed and terminated, by those 
better acquainted with the facts than my- 
self, on which my countrymen will judge 
for themselves. The tris.1 being over, and 
Mr Barry having returned to Frankfort, 
we next behold him mounted on the seat of 
his power, (but afte? wading through much 
iincieaaness to arrive at it) with justice 
liaggin on the right and justice Trimble on 
the left. They appoint F. P. Blair their 
clerk. lie is iheir partisan : and] am or- 
dered to render up to him the books, papers, 
&,c. under my care as the constitutional 
clerk of the court of appeals. I return for 
answer, thai I am the rightful clerk of the 
true court of appeals ; that by the consti- 
tution 1 hold my office during good behav- 
iour — a summons under date of 1824, is then 
issued, to command my attendance on their 
worships. I do not go. An attachment is 
then sent, and my body arrested and-carri- 
ed to court. On my not consenting to give 
up my books and papers, a parol order is 
issued directing?/!?/ house to be broken open 
and to bring away the books and papers 
under my charge. The order is obeyed: 
my windows are broken down ; my locks 
broken off; my drawers cut to pieces; my 
private papers ransacked ; many of my pri- 
vate papers with the public records, &c. 
are carried off: and my private letters »■• 



%i 



^eneii, and scattered about the room ; while 
1 am retained under arrest to answer for a 
contempt alleged to be shewn by me in dis- 
obeying the arbitrary mandate of lawless 
power. In vain did I plead what the con- 
stitution of my country guaranteed, that 
there "shall be one supreme court," and 
that styled " the court of appeals;" that 
- that court was of constitutional creation — 
that the judges held their ofliees during 
good behaviour, and could dot be legislated 
out by a f>are majority of the legislainre : 
that the judges could only be constitution- 
ally displaced by impeachment or an ad- 
dress of two-thirds of the legislature ; that 
whether Messrs Boyle, Owsley and Mills, 
were in or out of office, the court of appeals 
still existed ; that I had been appointed 
clerk to that court during good behaviour; 
that I could not be removed from office but 
by the judges of the court of appeals only ; 
that I had not been removed by them ; that 
the exercise and profits of the clerkship to 
said court, was my constitutional right; 
that it was a liberty I was entitled to, as 
long as I lived and the constitution was re- 
spected ; that I could not be compelled to 
give evidence against myself; and, that I 
ought not to be fined or or punished for ex- 
ercising my rights and liberties, and per- 
forming my official duties. In wliat did the 
replication to my pleading consist 1 Not 
in matters of avoidance founded in sound 
argument or reason and common sense ; 
but in the hand of power, which after di- 
recting me to be insulted with sixteen ques- 
tions, degrading even to the pitiful attor- 
ney general that drew them, 1 am fined 10 
pounds. And why J because 1 had in the 
exercise of official duties, resisted their 
lawless proceedings, and would not yield 
to them my just rights. Fellow-citizens, 
letmelay before you some specimen of these 
insulting questions : " Are you actuated by 
any other motive than the desire to have the 
office of clerk of the court of appeals, and 
to no question of principle in your mind in 
relation to jvhat is your duty V " Who 
removed the records, &c. or any part there- 
of; who were concerned in it ; who procur- 
ed tl-eir removal ; who abetted, counseled, 
advised, and aided you in it?" And may I 
not, in return ask, whether they were ac- 
tuated by any other motive to remove the 
old judges, and myself from office, in order 
to shun the effects of the decision of those 
judges, in the case of White, &c. and Pren- 
tiss, heretofore noticed; and to no ques- 
tion oi principle, in their own minds in re- 
lation to what were their duties as good cit- 
izens ! Who were their aiders, abettors, 
counsellors and advisers ? Will they *' dis- 
close fully and distinctly," to a deceived 
rommunitv, all they know in relation to 



the plans, combinations and secret caucus 
proceedings of last session; and state fully 
and freely, who composed those caucuses? 
Whether the executive department, was 
not often guilty of using the influence of its 
powers, over part of the legislative depart- 
ment, and endeavouring to produce a com- 
bination of the powers of both these de- 
partments, to the destruction of the judici- 
ary department 1 

In vain has the 9tb section of the bill of 
rights declared, " that the people shall be 
secure in their persons, houses, papers and 
' possessions, from unreasonable seizures and 
searches; and that no warrant to search 
kny place, or seize any person or things, 
shall issue without describing them as near- 
ly as may be, nor without probable cause, 
supportkd by oath or affirmation.^'' 

This same Mr Barry, and his associate 
judges, in the presence of the gdvernor, 
and in defiance of this constitutional provi- 
sion, do not deign to write a warrant, to 
describe what place is to be searched for 
papers, nor what papers are to be search- 
ed for ; but direct the officer and his at- 
tending power to break open my house- 
yes, the house of a free born American, 
and who has never yet forfeited his rights 
and privileges as such — to rifle and bring a- 
way such papers, &c. as he deems proper. 
It is done. The outrage is committed, in 
this once proud land of freedom. But where 
is the remedy? The outrage is from the 
usurper himself, who first trampled your 
constitution under foot, and now purs his 
foot, as it were, upon the neck of a citi- 
zen. 

My situation was one which demanded 
at the hands of any but cruel monsters, bet- 
ter treatment. It is well known that my 
whole life had been devoted to labour — by 
saving and economising my little earnings, 
I had reaped together something like a 
competency for old age. But from other's 
losses, and from securityships, I had sus- 
tained immense injury, and with the ut- 
most difficulty had been able to keep from 
sacrifice my little property, and at the time 
of these transactions was well known to 
labour under heavy executions for security 
alone — one of which debts, Mr Bibb, who 
drew this monstrous bill, and Mr Blair, the 
clerk, were also securities with me. — 
Great friends of relief ! they aided in tak- 
ing from me my office, and thereby relieved 
me of the means of pay ing the debt, without 
a sacrifice of my property ; while they ack- 
nowledge that their '* mountains of debt," 
will preclude the probability of their ever 
paying any of it. My health had been 
much impaired by severe spells of the fe- 
ver. I had long been deprived of the part- 
ner of my cares, who had left me a nume- 



%% 



torn and helpless offspring, to cherish and 
to raise ; among whom were two lif tie boys, 
my only sons, affectionate and beloved. — 
Of these dear boys, the hope and stay of my 
declining life, I was deprived of in one day; 
the day preceding the governor's triumph- 
ant entry into Frankfort after his election. 
The state of my health, the fatigues and 
anxiety occasioned by the ill health of 
nearly all my family, together with my 
losses, bad made a deep impression on my 
spirits; and although 1 had endeavoured to 
suppress its effects, it was too visible to be 
unnoticed. But these circumstauces 
weighed nothing against the hand of power. 
My person is seized ; my rights violated ; 
and my feelings trampled on, as if I had 
been the vilest reptile. My grey hairs are 
made the subject of sport ; new presses 
must b« gotten for the new clerk, lest I 
ebould haunt bim in the old ones in the 



shape of a " grey rat." And to demon- 
strate farther their savage joy to inflict a 
further laceration on my feelings, and to 
mock my distresses, they cause a procla- 
mation to be drawn up, announcing the 
" surrender and capitulation of General 
Sneed." We read with horror of the Pi- 
rales, who rob, and then, in hellish mirth, 
make their victims walk the plank ; and 
yet, we see these pirates on your constitu- 
tion, violating private rights — stripping aa 
individual of his just claims and private pa- 
pers — and thenimpud«|>otly proclaiming the 
fou! fact in ridicule and scoff; when they 
know that if ever the constitution is again 
the law of the land, before any honest tri- 
bunal upon earth, the only question can be 
-what can the perpetrators of the outrage^ 



pay 



ACHILLES SNEED. 



Frankfort, Kt. Ju«e 1825. 



LIBRARY OF CONGRESS 



e 014 613 882 2 




